Deepfake and other Artificial Inntelligence Products on the Way to the Development of Online Justice

Abstract

The development of online justice has led to the emergence of the need for a reasonable assessment of the challenges posed by information technology at the present stage. Advanced technologies make it possible not only to ensure digital litigation in Russia, but also to give it a qualitatively new meaning and procedure for its implementation. The paper reveals artificial intelligence technologies and products of its work that impede the development of online justice in the absence of their proper regulation, including technological one. The rapid and at the same time inevitable introduction into the modern justice system of "new" types of evidence — digital evidence — can negatively affect the objectivity of the court’s conclusions and the distribution of the burden of proof (adversarial nature) between the participants in the process. The study proposes to give a legal assessment to deepfakes and other realistic fakes created by artificial intelligence, which can become a serious obstacle to the development of online justice. The laws of physics, technological progress and information technologies testify, on the one hand, to the unique capabilities of breakthrough technologies, and on the other, to a possible significant change in the traditional institutions of the judicial process and, as a consequence, justice (“law” and “court”). The author proposes solutions to the issues under consideration, making it possible to authenticate the participants in the process and the reliability of electronic evidence using the appropriate technological equipment of the court.