Washington state judge blocks use of AI-enhanced video as evidence in potential first-of-its-kind ruling | Trending Viral hub

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A Washington state judge overseeing a triple murder case banned the use of artificial intelligence-enhanced videos as evidence in a ruling that experts say may be the first of its kind in a U.S. criminal court.

The ruling, signed Friday by King County Superior Court Judge Leroy McCullogh and first reported by NBC News, described the technology as novel and said it relies on “opaque methods to represent what the “AI ‘thinks’ it should be shown.”

“This Court finds that the admission of this evidence enhanced by Al would lead to a confusion of the issues and a confusion of the testimony of eyewitnesses, and could lead to a time-consuming trial within a trial on the process not reviewable by pairs used by the AI ​​model,” the judge wrote in the ruling that was published in the docket on Monday.

The failure occurs when artificial intelligence and its uses, including Proliferation of deepfakes on social networks. and in political campaigns – evolve quickly, and as state and federal legislators deal with the potential dangers posed by technology.

Lawyers for a man accused of opening fire outside a Seattle-area bar in 2021, killing three people and wounding two, had tried to introduce cellphone videos enhanced with machine learning software, court documents show. Machine learning It is a particular field within artificial intelligence that has gained importance in recent years as the basis of most modern AI systems.

Prosecutors in the case said there did not appear to be any legal precedent allowing the technology in a U.S. criminal court, according to a document filed in February in King County Superior Court. Jonathan Hak, a former barrister and barrister in Canada and an expert in image-based evidence in the United States and elsewhere, said this was the first case he was aware of in which a criminal court had intervened in the matter.

The defendant, Joshua Puloka, 46, has claimed self-defense in the Sept. 26 killings, and his lawyers said in a court filing in February that he had been trying to defuse a violent situation when he was attacked and gunfire erupted.

Puloka returned fire, fatally wounding innocent bystanders, the document says. The man accused of assaulting Puloka was also fatally shot, a probable cause statement shows.

The deadly confrontation was captured on cell phone video. To improve the video, Puloka’s attorneys turned to a man who had not previously handled a criminal case but had experience in creative video production and editing, according to prosecutors’ filing.

The software it used, developed by Texas-based Topaz Labs, says its software is used by movie studios and other creative professionals to “boost” video, according to the document.

Puloka’s attorneys did not respond to requests for comment. In a statement, a Topaz Labs spokesperson said the company “strongly” recommends against using its AI technology for forensic or legal applications.

The prosecutor’s office said the enhanced video predicted images rather than reflecting the size, shape, edges and color captured in the original video. The enhanced images were “inaccurate, misleading and unreliable,” the document says.

In a statement to the prosecution included in the filing, a forensic video analyst who reviewed the original and enhanced recordings said the enhanced version contained visual data that was not in the original. According to expert Grant Fredericks, data was also removed from the improved version.

Every pixel “in the AI-generated video is new, resulting in a video that may appear more pleasing to the eye of a lay observer, but that contains the illusion of clarity and higher image resolution that does not accurately represent precision the events of the original. scene,” Fredericks wrote in the statement.

In a separate filing, Puloka’s lawyers responded that such claims were “exaggerated and exaggerated.” A comparison of the two videos shows that the enhanced version is a “faithful representation of the original,” the document says. “And that’s what matters.”

In his statement, Fredericks, who taught for the FBI and worked as a video analyst for 30 years, said he was unaware of peer-reviewed publications establishing an accepted methodology for improving AI videos. The FBI does not include anything on the topic in its best practices for handling forensic video, she said.

George Reis, a former crime scene investigator and longtime forensic video analyst in Southern California, said he was aware of a handful of examples of artificial intelligence being used as a possible investigative tool to clear up license plate images.

One of the companies that has developed this software, Amped, said in a post in February that artificial intelligence is not reliable enough to be used to improve image in a legal environment. The company pointed out the technology’s opaque results and potentially biased results.

“It’s a new science,” Reis said. “Research should be done on this before anyone uses it in a real case. It should be peer reviewed. “I’m not sure what level will be appropriate at some point in the future for using AI to clarify a photo or video, but at this particular point it’s premature.”

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