ANALYSIS: Though Rare, Deepfakes Call for a Federal Rule Now

For six meetings, the Committee on Federal Rules of Evidence has been considering a new Federal Rule of Evidence 901(c) to provide guidance on challenges to digital audiovisual evidence. As of their May 7 meeting, the committee is still considering the draft rule, which they could take another year or more to finalize.

But how federal courts are handling “deepfakes” already shows the need for a uniform rule. And the perfect is likely the enemy of the good here.

Policy Problems, Proposed Solution

When one party in litigation alleges the other has fabricated evidence, how should the interests (and ...