Presentation to Judicial College of Maryland

It was a pleasure and an honor to assist the Hon. Lynne Battaglia (ret.) in a presentation to the Judicial College of Maryland with Craig Ball, Maura Grossman, and Alicia Shelton titled “AI & Other Digital Evidence: A Demonstrative Workshop for Judges.”

The program covered authentication issues regarding acknowledged and unacknowledged GenAI evidence, as well as the proposed Maryland anti-hallucination rule and a proposed amendment to its old, but innovative rule on computer-generated evidence.

General Maryland A.I. case law was discussed, as well as three Maryland decisions on hallucinated cases.  Several important federal and state decisions were also covered.

A deep dive was taken into the details of the well-known Pikesville deep fake audio case, with a presentation of some of the expert evidence used in debunking that audio.

AI protective orders were discussed, among other topics.

The afternoon session consisted of three demonstrative Q&A sessions.

First, an expert witness examined an actual deepfake video and provided the basis for, and his opinion that, it was a deepfake.

Next, two parties represented by counsel, but without an expert proffered and objected to authentication of that deepfake video.

Finally, two unrepresented parties in a contested family law case attempted to present and object to that video.

Sanctions for hallucinated citations under special provisions regarding best interests of a child were also discussed.

Craig illustrated the ease of making a deepfake:

Craig Ball Deepfake