AI evidence: "pixels of lies" did not convince a judge in the US

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The court's decision may be the first such precedent in the country's legal proceedings.

A judge in Washington has banned the use of an AI-enhanced video as evidence in a triple murder trial. This decision may be the first such precedent in US criminal proceedings.

King County Superior Court Judge Leroy McCulloch said the AI technology is new, and uses " opaque methods to display what the AI thinks should be shown."

The use of AI-enhanced evidence could lead to confusion and complicate the perception of witness statements, requiring additional and time-consuming legal proceedings over the AI-used method, which is not subject to peer review.

The decision was made against the background of the rapid development of artificial intelligence and its applications, including the spread of deepfake technology in social networks and political campaigns. State legislators and authorities are actively discussing the potential threats associated with such technology.

Lawyers for the defendant in the shooting at a bar in a Seattle suburb in 2021, which killed 3 people and injured 2, offered as evidence a video enhanced with machine learning software. In defense of the accused, it was submitted that he acted in self-defense.

The prosecution pointed out that there is no legal precedent for using such technology in criminal proceedings in the United States. Experts stressed that video processed by AI predicts images, instead of reflecting the original dimensions, shapes, contours and colors, making the improved frames "inaccurate, misleading and unreliable."

According to video analysis expert Grant Fredericks, each pixel in an AI video is generated anew, creating the illusion of clarity and increased image resolution, which does not accurately reflect what happened on the original video. Fredericks also noted the lack of peer-reviewed publications confirming the acceptability of the methodology for improving video using AI.
 
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