Digital Forensics Is the Only Sure Answer to Deepfakes. It's Also the Liar's Dividend's Second Payout

Generative AI is making fake audio, video, and images easier to produce, forcing U.S. courts to rely more on digital forensics and device-based chain of custody to verify authenticity.

That shift raises the authentication burden under Federal Rule of Evidence 901 and aligns with the Judicial Conference’s push toward proposed Rule 707 and related evidence reforms.

As a result, parties may increasingly challenge digital exhibits before trial, using authenticity objections as a tactic to raise the other side’s litigation costs.

The broader effect is a higher bar for synthetic-media evidence, with courts adapting to deepfakes by demanding stronger proof that digital records are real.