The Deepfake Visual Evidence Trap: Why AI Protocols Belong in the Initial Procedural Order
The Deepfake Visual Evidence Trap: Why AI Protocols Belong in the Initial Procedural Order Stepping into a high-stakes commercial construction arbitration hearing or reviewing a claim file today, an astute adjudicator is increasingly forced to navigate an arena where digital reality is rapidly blurring. Driven by recent, egregious industry headlines surrounding legal professionals caught submitting AI-hallucinated case citations in court—lawyers who, shockingly, had absolutely no clue their filings were entirely fabricated until a judge publicly slapped them down—the arbitration and dispute resolution communities are on high alert. There is simply zero room for lazy case preparation in today's technological climate; yet, this procedural anxiety raises an immediate, urgent question for the commercial construction sector: if generative AI can seamlessly fabricate text, what is stopping a desperate party from manufacturing our most critical visual evidence? Whenever I engage in tact...