Deepfakes as Emerging Threats to Criminal Investigations

Author(s): Swarnima Shukla

Abstract:

The unprecedented advancement in the field of artificial intelligence has transformed the digital landscape and introduced innovative tools capable of generating hyper-realistic media. Among these developments, deepfakes have emerged as a significant challenge to contemporary criminal investigation procedures. Professors Danielle Citron and Robert Chesney define deepfake as a "hyper-realistic digital impersonation that leverages machine-learning algorithms to insert faces and voices into video and audio recordings of actual people, creating realistic impersonations out of digital whole cloth." While this technology has legitimate applications, its misuse has generated widespread concern regarding misinformation, identity theft, cybercrime, electoral manipulation and the fabrication of digital evidence. The investigative agencies are heavily dependent on electronic and digital evidence, which has amplified the risks posed by deepfake technology. Evidence such as surveillance footage, mobile phone recordings, social media content, and e-communications can be easily manipulated with deepfakes to generate convincing evidence, increasing threats to the integrity of investigative procedures and challenging traditional investigative methodology. Deepfakes can mislead investigators, falsely implicate innocent individuals and generate artificial alibis. This paper examines the concept of deepfakes, the challenges posed by deepfake-generated evidence, evaluates the adequacy of existing legal frameworks in India and explores the role of digital forensics in combating such threats. The paper states that while technological advancements have enhanced investigative capabilities, they have simultaneously created sophisticated avenues for deception that require urgent legal and technological responses.

keywords:
Deepfake, Criminal Investigation, Digital Evidence, Artificial Intelligence, Digital Forensics, Cybercrime, Evidence Law.

Pages: 26-29     |    38 View     |    1 Download