You are bickering with your significant other during the height of an argument as your partner begins to hurl corrosive, malicious, and fraudulent accusations your way. You seemingly become more and more confused as your significant other asserts you have done the unthinkable: cheated. As thoughts and concerns swirl around your baffled mind, you offer yourself some comfort as you know it is not true, and hopefully a thorough explanation can clear the air. As you begin defending your chastity, your significant other pulls out their cell phone and shows you something you cannot fathom. There, right there, in physical, audio, and video form, on the six-inch screen of their phone, a video plays of you engaging in salacious acts with another person who is clearly not your significant other. The video is crisp, clear, and undoubtedly looks, acts, and talks like you. But is it me?
You then realize that the confidence you held minutes ago in your own candor is useless. Somehow, someway, there is video proof of you committing an act you are positive you did not do. Was I drugged? Did I blackout and not remember my actions? Your brain is trying to comprehend and protect itself from the trauma and deceit presented to it, but you realize that this video—this horrifying, false, and life-changing video is real, at least to the beholder. You know that the video bears a resemblance to your likeness, but you also know it is not real.
Nevertheless, the video is real, and that is all your significant other needs to know. The damage is done, and now it appears there is irrefutable proof you have committed the abominable act of adultery that you know you did not do. You begin to question your own reality and the world around you. If this false video exists but appears to be genuine in every way, what else in our world is simply a distortion of the truth? What other forms of false media dwell in the world that will swindle and deceive even the most intelligent minds?
This Article explains deepfake technology and reviews deepfakes in modern society.3 Next, this Article discusses the evidentiary implications of deepfakes and how they are analyzed and authenticated within the courtroom.4 Finally, this Article discusses potential methods of combatting deepfakes, their effect on the courtroom, and prospective avenues of redress for deepfake victims.