In today’s Brainyacts:

1. Evidentiary burden of deepfakes

2. OpenAI GPT-4 Vision

3. Google goes deep with AI and more AI model news

4. AI is recruiting you on LinkedIn and other related news

5. Tom Cruise’s tips on industrial cleaning

👋 to new subscribers!

To read previous editions, click here.

Lead Memo

🌊🥸 Deepfakes: An evidentiary tsunami!

I’ve written and spoken about this before but the rise of deepfakes is going to have a profound impact on courts throughout the world. This week we saw three major deepfake stories.

Whether you are a lawyer or not, this topic will impact you. So, please consider these questions as we will need to have answers for each one very soon (if not now).

1. How will we establish a reliable and consistent standard to authenticate digital evidence as genuine and not altered by deepfake technology?

2. Will the introduction of deepfakes shift the traditional burdens of proof or production, especially when digital evidence is introduced?

3. Will courts require expert witnesses for digital evidence authentication in every case, and what standards will be used to qualify these experts?

4. Are there existing technological tools or methods to detect deepfakes? (yes there is but it is not 100%) How can courts keep abreast of rapidly advancing technology?

5. Should current evidentiary rules be modified to address the unique challenges presented by deepfakes, or should new rules be created?

6. Will we need specialized pre-trial procedures or discovery rules for parties to share or challenge digital evidence suspected to be deepfakes?

7. How should legal professionals handle the introduction or suspicion of deepfake evidence, and what are the potential penalties for misuse?

8. How can juries be adequately educated and instructed about the possibility of deepfakes so they can make informed decisions?

9. As deepfake detection requires sophisticated technology and experts, who will bear these costs? Will it be the courts, litigants, or the state?

10. Given the global nature of the internet, how will international legal systems cooperate to address the challenges posed by deepfakes?

11. How can we ensure that judges, lawyers, and court staff receive the necessary training to understand and handle deepfake-related issues?

12. How will the rise of deepfakes affect public trust in the legal system, especially when verdicts are based on digital evidence?

13. As deepfake-related cases are decided, how will the legal precedents set by these cases shape the future handling of digital evidence?

Ok, now to 3 deepfake stories from this week:

#1 Mr. Best

If you don’t know who Mr. Beast is you likely are not a YoutTube junky nor have young kids. He is a phenom and the single biggest content creator business there is. His videos don’t just go viral they break the internet. He is a branding/business juggernaut.

Needless to say, by coopting his likeness via deepfake tech, things could get dicey.

#2 Tom Hanks

You likely know Tom Hanks. He had to put out a video disclaiming a deepfake of him that was selling dental plans! Think of the money shady companies can save by not paying for celebrity endorsements and just using deepfakes!

#3 Gayle King of The Today Show

Here is a short segment from Inside Edition that shows the Gayle King deepfake and then goes into Hanks and Robin Williams examples.

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Spotlight

OpenAI’s GPT-4 Vision

You have likely heard about this new feature that allows you to ask GPT-4 to review an image and ask questions about it. There are some pretty cool examples of this floating around the web. I will link to some down below.

But I wanted to test drive it myself and see if I can get a pragmatic legal-realted use case out of it. I think I did. Plus I added two just practical and cool examples.

For more on GPT-4 Vision, click here.

Now my video:

Hopefully, that gets your mind racing with use cases. I would love to hear what you come up with so please share them with me. You can always reply directly to this email - it comes only to me.

Ok, here are some other examples:

AI Model Notables

► “Okay Google, please catch me up on my important emails I need to respond to from this week.” Google Assistant is getting AI capabilities with Bard

► OpenAI And Anthropic Aim For Big Valuation Spikes, Visa Looks To Join Generative AI Gold Rush

► Zoom Adds Features Like Document Editing in Bid to Compete With Microsoft

► The limitations of Microsoft’s Copilot

► Meta Is Paying Creators Millions for AI Chatbots

► OpenAI is launching a 6-month residency to help researchers from diverse backgrounds transition into AI

► Google designing all of its hardware around AI 👇

News You Can Use:

➭ Slovakia’s Election Deepfakes Show AI Is a Danger to Democracy

➭ How Generative AI Is Used To Fight Miscarriages Of Justice At The California Innocence Project

➭ Using AI powers for evil: Amazon, an illegal algorithm, and Project Nessie

➭ The Promising Use of AI Models in Contract Interpretation

➭ You are already being recruited by AI. LinkedIn released AI product updates this week

➭ There's no such thing as reliable AI watermarking, say researchers who broke all the methods they tested

➭ How AI might change our judgment and decision-making

➭ KPMG releases US CEO survey; touches on many things like M&A but GenAI too.

Who is the author, Josh Kubicki?

Some of you know me. Others do not. Here is a short intro. I am a lawyer, entrepreneur, and teacher. I have transformed legal practices and built multi-million dollar businesses. Not a theorist, I am an applied researcher and former Chief Strategy Officer, recognized by Fast Company and Bloomberg Law for my unique work. Through this newsletter, I offer you pragmatic insights into leveraging AI to inform and improve your daily life in legal services.