Judicial Panel Advances Rule to Scrutinize AI-Generated Evidence

A federal judicial committee has taken a significant step toward regulating how evidence produced by generative artificial intelligence (AI) is handled in U.S. courts, voting to solicit public input on a proposed rule aimed at ensuring such evidence meets established legal standards.

On Friday, the U.S. Judicial Conference’s Advisory Committee on Evidence Rules voted 8-1 in favor of putting forward a draft rule for public comment, according to Reuters. The measure seeks to ensure that AI-generated evidence is evaluated with the same rigor as that introduced by human expert witnesses.

The draft proposal now advances to the Judicial Conference’s Committee on Rules of Practice and Procedure, which will decide in June whether to formally publish it for broader public review. The initiative is part of a broader judicial response to the increasing use of generative AI technologies, including systems like OpenAI’s ChatGPT, in various facets of litigation and legal analysis.

Per Reuters, while there was general agreement among committee members about the need for proactive engagement, some expressed reservations about adopting the rule in its current form. Elizabeth Shapiro, representing the U.S. Department of Justice, was the sole vote against the measure, voicing concerns about its implementation.

Read more: US Appeals Court Upholds Ruling Denying Copyright for AI-Generated Art

U.S. District Judge Jesse Furman, who leads the committee, emphasized the importance of public input at this early stage, noting that the draft is not guaranteed to become final. “I think sometimes when you put something out for notice-and-comment there’s kind of an assumption that it’s a train that’s moving forward to final approval,” Furman said, adding that many key questions still need to be resolved.

This move aligns with broader efforts across the judiciary to adapt to rapid advancements in AI. As noted by Reuters, Chief Justice John Roberts highlighted the emerging role of artificial intelligence in his annual report in December 2023. He acknowledged both the promise AI holds for improving judicial efficiency and the caution required in determining its appropriate use within legal proceedings.

The committee’s decision reflects growing awareness of the legal challenges posed by machine-generated content, especially as AI systems become more capable of producing persuasive text, images, and even video that could be introduced as evidence.

Source: Reuters