this post was submitted on 03 Apr 2024
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A judge in Washington state has blocked video evidence that’s been “AI-enhanced” from being submitted in a triple murder trial. And that’s a good thing, given the fact that too many people seem to think applying an AI filter can give them access to secret visual data.

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[–] [email protected] 21 points 7 months ago* (last edited 7 months ago) (13 children)

This actually opens an interesting debate.

Every photo you take with your phone is post processed. Saturation can be boosted, light levels adjusted, noise removed, night mode, all without you being privy as to what's happening.

Typically people are okay with it because it makes for a better photo - but is it a true representation of the reality it tried to capture? Where is the line of the definition of an ai-enhanced photo/video?

We can currently make the judgement call that a phones camera is still a fair representation of the truth, but what about when the 4k AI-Powered Night Sight Camera does the same?

My post is more tangentially related to original article, but I'm still curious as what the common consensus is.

[–] [email protected] 4 points 7 months ago (3 children)

This is what I was wondering about as I read the article. At what point does the post processing on the device become too much?

[–] [email protected] 1 points 7 months ago (2 children)

When it generates additional data instead of just interpolating captured data

[–] [email protected] 1 points 7 months ago (1 children)

What would you classify google or apple portrait mode as? It's definitely doing something. We can probably agree, at this point it's still a reasonably enhanced version of what was really there, but maybe a Snapchat filter that turns you into a dog is obviously too much. The question is where in that spectrum is the AI or algorithm too much?

[–] [email protected] 1 points 7 months ago* (last edited 7 months ago)

It varies, there's definitely generative pieces involved but they try to not make it blatant

If we're talking evidence in court then it's practically speaking more important if the photographer themselves can testify about how accurate they think it is and how well it corresponds to what they saw. Any significantly AI edited photo effectively becomes as strong evidence as a diary entry written by a person on the scene, it backs up their testimony to a certain degree by checking for the witness' consistency over time instead of trusting it directly. The photo can lie just as much as the diary entry can, so it's a test for credibility instead.

If you use face swap then those photos are likely nearly unusable. Editing for colors and contrast, etc, still usable. Upscaling depends entirely on what the testimony is about. Identifying a person that's just a pixelated blob? Nope, won't do. Same with verifying what a scene looked like, such as identifying very pixelated objects, not OK. But upscaling a clear photo which you just wanted to be larger, where the photographer can attest to who the subject is? Still usable.

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