Last Updated April 2024
In the rise of video use on social media, news websites, and across the internet, video platforms such as YouTube, TikTok, and others serve as vital sources of evidence. As a result, legal professionals face challenges in authenticating video content for use in court. This task requires an understanding of both technological and legal nuances.
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Last Updated March 2024
It’s no surprise that artificial intelligence has entered the mainstream. The need for specialized skills or software previously required to manipulate and generate lifelike multimedia content such as photos or videos has been virtually eliminated. Known as deepfakes, these materials encompass audiovisual content that mimics the appearance or voice of individuals or events with high realism. Deepfakes have been used as a tool to manipulate political outcomes (such as a fabricated call from fake Joe Biden discouraging voters in New Hampshire from participating in the primary), create non-consensual deepfake pornography (in which pop star Taylor Swift was recently a victim), and pose as business leaders with an important announcement (Mark Zuckerberg announcing a change at Meta). The emergence of deepfakes presents a significant challenge in courtrooms, where the authenticity of evidence is key.
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Last Updated March 2024
As the U.S. government deliberates over the national security concerns associated with TikTok, legal professionals across the country are keenly observing the unfolding situation. The potential ban on the popular social media platform not only raises questions about data privacy and cybersecurity but also significantly impacts the landscape of digital evidence and eDiscovery as a whole.
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Last Updated March 2024
In a decision on March 6, 2024 by the European Union General Court, Puma lost its Community design registration for the Creeper sneaker because images of the design were posted on Rihanna's Instagram over a year before Puma applied for registration, thereby invalidating the design due to prior public disclosure.
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Last Updated March 2024
Per the Electronic Privacy Information Center, anonymity is a vital democratic concept, enabling individuals to participate in politics, disseminate ideas, express views, and practice spiritual beliefs without fearing public retaliation or government intervention. Maintaining anonymity online can be difficult, as the collection of identifying information is a common practice in social media and other digital industries, and the uses of that data, including redistribution to third parties, are often unclear. Digital surveillance can endanger the ability of a person to express themselves without someone knowing who they are and put them at risk of retaliation; on the other hand, one notable drawback of social media anonymity is the lack of accountability when freedom of expression is abused.
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Last Updated March 2024
Recent changes to Federal Rule of Evidence (FRE) 702 are pivotal in determining the admissibility of expert testimony in federal courts. These amendments, which were approved by the U.S. Supreme Court and took effect on December 1, 2023, aim to clarify and refine the criteria for expert witness qualifications and their testimony's admissibility.
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