Abstract

Legal and policy considerations about the mechanisms driving visual attention, perception, and interpretation have not always kept pace with the ever-increasing use of video as evidence. Discussing existing and emerging challenges with the authentication and interpretation of video as evidence, this article argues that a critical understanding of visual epistemologies across law and policy domains remains a critical task. Drawing on research presented in each of the articles in this special issue, it suggests that sound policy, guidance, and education on the wide-ranging evidentiary functions and limitations of video may be especially important at this critical juncture when generative AI threatens to exacerbate existing challenges with visual meaning making more broadly.

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