Fighting False Proof in Family Law with Deepfake Detection

Information is Power when it Comes to Manipulated and Deceptively Created Evidence in New Jersey Family Law Matters

Fighting False Proof in Family Law with Deepfake Detection in New JerseyYou and your ex are involved in an acrimonious custody battle, and you are attempting to prove why you are the most suitable parent.  Your spouse and their lawyer present a video to the court as evidence that you are a danger to your children.  It shows you at a party with what appears to be underage drinkers partaking in alcohol and illicit substances.  The images are vivid, you are clearly identified, and the video is submitted into evidence. Your heart is in your throat, and you are confused.  You have no recollection of anything remotely similar to the party scene, but the footage shows you in the middle of the festivities.  Your ex’s attorney assures the court that the video is genuine and you are an unfit, unstable parent with substance abuse issues.

Fortunately, your attorney’s legal team investigates further, having the video analyzed frame by frame, only to find that artificial intelligence and editing tools have been implemented to manipulate the picture and sound, creating a fabricated scene.  Your lawyer’s expert witnesses confirm the findings in court.  The video your ex presented as evidence is a deepfake.

Exploring the Mechanics of Deepfakes and the Modern Technology That Crafts Them

A deepfake is an image, video, or audio reproduction that has been doctored using artificial intelligence (AI) algorithms.  Faces, figures, and audio can be inserted or placed over an original image or sound while maintaining a realistic appearance.  The AI algorithms can be so specific that it is doubtful most viewers would know the difference between an original recording and a deepfake.

Deepfakes are made by collecting extensive visual and audio recordings of the person who is the target.  Photos, videos, voicemails, and other recordings from various angles showing different expressions will work best.  The collected recordings are trained by a deep learning algorithm, usually a Generative Adversarial Network (GAN).  The GAN has a generator and discriminator.  The generator creates synthetic images, audio, or video based on training data.  The discriminator evaluates the generated outputs against real examples to evaluate their authenticity. 

By using facial mapping, the algorithm learns how to target facial landmarks that move as the person expresses emotions.  The AI can synthesize the target’s voice by analyzing patterns, tone, cadence, and unique enunciation.  The more data that is inserted, the faster and more accurately the algorithm can create the image, to the point where the discriminator cannot differentiate between authentic and fake images or audio.  Once the phony material is integrated into existing or new audio or video, synchronization between lip movements, facial expressions, and audio is edited to eliminate imperfections and enhance believability.

Unmasking the Hazards of False Evidence in Family Law Disputes

Deepfake technology raises concerns in any arena, but fabricated evidence in family law cases could be used to manipulate outcomes.  Contentious court battles, such as custody and divorce disputes, are arenas that lend themselves to this kind of fraud.  Courts rely on evidence to make their decisions as fair as possible.  Falsified content could have serious repercussions that affect child custody decisions, divorce settlements, and others.

How Deepfakes Can Unfairly Alter Family Law Outcomes

Custody Disputes

Altered videos that show a parent engaging in harmful or abusive behavior or neglecting the needs of their child can affect a judge’s decision in regard to custody.  A judge doesn’t know more about a parent than the evidence presented in court.  Watching manipulated videos or hearing audios that have been tampered with could put the parent in a difficult situation unless that evidence can be disproven.

Divorce Proceedings

Deepfakes are used to decimate a spouse’s reputation and credibility.  They can display false evidence of infidelity, threats, domestic violence, or other inappropriate conduct that could influence the court’s decisions and even land the accused in criminal legal problems.

Financial Support

Deepfakes can be used for one of two motives when dealing with alimony and child support.  The payor can use them to falsify their financial situation, which results in lower payments.  They can also use deepfakes to show the payee has a lavish lifestyle and does not need support.  The opposite can also be true.  The payee can use deepfakes to prove their ex is capable of paying hefty sums in alimony and child support.  They can also use them to show that their financial situation is dire and require more financial assistance.

How to Tell If What You’re Watching or Hearing Is a Deepfake

Inauthentic Tampered With Videos

Video deepfakes have many “tells” that can be observed, most of which are regarding the person’s face.  Careful observation of the person’s skin: is it too smooth, or does it show waves or unnatural wrinkles?  Does the facial hair on the person’s face look real?  The eyes and eyebrows should move naturally.  When we talk, we blink, and our eyebrows move up and down.  If a person blinks too much or wears glasses that don’t reflect any changes in light as they move their head, it could indicate a deepfake.   One of the most obvious tips that a video has been tampered with is the incongruence between the audio and the subject’s lip movement.  Spatial and visual inconsistencies in the objects surrounding the person or the background can also indicate a deepfake.

Voice Conversion and Audio Deepfakes Explained

There are two categories of audio deepfakes: text-to-speech and voice conversion.  The most frequently used in deepfakes is voice conversion because it manipulates a person’s voice to sound like the target, keeping the inflections, accent, emotion, and breathing patterns the same.  Audio deepfakes can be identified by flat, robotic speech patterns, inflection of inquiry when the person isn’t asking a question, or a lack thereof when they are.  Slurred or awkward timing, such as speech that speeds up and slows down suddenly, can indicate tampering.  Static, crackling sounds or background noise that cuts in and out drastically are also signs.

Technical analysis and the use of deepfake detection software can be used to differentiate between a deepfake and an original audio or visual recording. 

Why Authenticating Evidence Is Crucial for Your Legal Case

Evidence must be authenticated.  That means the person who presents the evidence must be able to show its validity.  This could include providing testimony from someone who was present during the recording or had knowledge of its authenticity.  The metadata or technical details can also be analyzed.  Evidence that has been scrutinized may still be excluded if it shows prejudice or misleads the court.  There are ethical and legal consequences for clients and their lawyers.  Clients can be charged with tampering with evidence and perjury, leading to fines, criminal charges, and possible incarceration.   A lawyer who knows the evidence they are using is a deepfake can face disbarment.

Keeping Your Legal Case Safe from Deepfakes

In order to protect yourself, you must be knowledgeable about this kind of technology, how it is used, what the law says about it, and how to identify it.  Another way to protect yourself is to document everything.  Keep a journal of events, screenshot texts, and download videos or audios immediately after they happen before they can be manipulated.  Keep records of bank information and other financial documents in case they are needed to prove your or your ex’s financial situation.  Consulting with an attorney is another way to protect yourself.  They can conduct a thorough How Deepfakes Can Unfairly Alter Family Law Outcomes in NJinvestigation using experts and methods that will bring any altered material to light.

Lawyers should be current with technological advances that could hurt or help their clients.  Their ability to investigate, identify, and challenge deepfake evidence is crucial to successfully representing their client.  Many lawyers use forensic specialists who can provide testimony identifying deepfakes and explaining how they were made.  An attorney must protect their client by defending them from the harm deepfakes can cause to their client’s reputation and community standing.

Experienced NJ Attorneys Fighting for Justice in Family Law Cases While Confronting the Rising Threat of Deepfake Evidence

Our New Jersey family law attorneys at the Montanari Law Group can combine our legal expertise, technical resources, expert witnesses, and strategic planning to combat deepfakes against our clients successfully.  We protect our client’s rights and ensure that they are treated fairly by cross-examining the source of the deepfake and identifying the signs that the evidence is phony.  Our reliance on expert testimony and meticulous examination allows us to build a strong case against deepfakes. Divorce is a complex, difficult process, which can be made even more so when deepfakes besmirch your reputation.  You deserve to be treated fairly.  Our attorneys have the experience and resources to ensure the best possible result, whether the dispute is about alimony, child custody, support, or other aspects, our expertise will provide you with excellent representation. Serving the diverse communities of Nutley, Clifton, Millburn, Short Hills, Jersey City, Rutherford, Teaneck, Woodland Park, Mahwah, and surrounding areas, we’re here to guide clients throughout Northern New Jersey with experienced family law legal counsel. If you believe you are involved in divorce proceedings or another type of family law matter that has been tainted through the use of deepfakes, you have no time to lose.  Call us today at (973) 233-4396  for a free consultation, or complete this online form, and we will contact you.

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