Changes Proposed to the Federal Rules of Evidence to Address AI Usage
Highlights
Proposed amendments to federal rules of evidence address authentication of evidence generated by artificial intelligence (AI)
If an AI output is offered as evidence, and that type of evidence would traditionally have required an expert witness’ testimony, it would be subject to a Rule 702 analysis under the new rule
To authenticate evidence generated by AI, the proponent of the evidence would need to provide sufficient detail on training data, AI program used, and reliability of the AI outputs
If the opponent of a piece of evidence can “reasonably” demonstrate it has been altered by AI, the evidence would only be admissible under the new rule if it's “more likely than not authentic”
The U.S. Courts Advisory Committee on the Federal Rules of Evidence has offered proposed amendments to the rules of evidence to address the use of artificial intelligence (AI) in litigation. The proposed amendments would expand upon Rule 901 (Authenticating or Identifying Evidence) and would create a new rule – Rule 707, “Machine-generated Evidence.”
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