Skip to Content

David Inlander and Ronald Menna, Jr. Examine Washington State Ban of AI Enhanced Video Trial Evidence in Recent ISBA Article

David Inlander and Ronald Menna, Jr. discuss the admissibility of AI-enhanced video evidence in the June 2024 edition of the Illinois State Bar Association’s Trial Briefs section newsletter.

In “Ethical Practices in the Email Age: Washington State Judge Bans AI Enhanced Video Evidence,” David and Ron examine a Washington state recent court ruling that bars a criminal defendant’s use of AI-enhanced video during trial.

In excluding the video, the judge reasoned that “[t]he use of artificial intelligence (AI) tools to enhance video introduced in a criminal trial is a novel technique” using “opaque methods to represent what the AI model ‘thinks’ should be shown.”  The judge found that the state’s expert demonstrated that the AI method created false image detail (which is not acceptable in the forensic video community as it has the effect of changing the meaning of portions of the video), and that the enhancement removed information from the original video and added information that was not in the original video.

The ruling comes as AI and its uses – including the proliferation of deepfakes on social media and in political campaigns – quickly evolve, and as state and federal lawmakers grapple with the potential dangers posed by the technology.

Read the full article here.

David is an accomplished mediator known for his work on high-end complex matrimonial mediation with decades of experience guiding challenging cases to equitable resolutions as a leading litigator. Over the course of her career, he has helped resolve hundreds of cases through creative solutions and alternative dispute resolution.  

Ron’s primary areas of practice are civil appeals, commercial litigation, chancery actions, and association representation. He represents a wide variety of individuals and corporate clients, as well as banks, corporate fiduciaries, and individuals in guardianship proceedings. Ron has extensive trial experience in both state and federal courts and has successfully argued before the Illinois Appellate Court and the U.S. Seventh Circuit Court of Appeals.

July 9, 2024 | News |