Courts can determine the authenticity of evidence in the age of AI by assessing the accuracy and reliability of the AI system used to generate the evidence. This involves evaluating the specific process and system used to produce the evidence, as well as the qualifications and expertise of those who created and maintained the system. Additionally, courts may consider the degree of human oversight and intervention involved in the process, as well as any potential biases or errors that may have influenced the outcome. The authentication test of Federal Rule of Evidence 901(b)(9) requires that evidence be supported by evidence describing a process or system and showing that it produces an accurate result. As AI is increasingly used in legal proceedings, it is important for multidisciplinary teams of lawyers and technologists to work together to capture the benefits and mitigate the risks associated with AI-generated evidence.
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