Artificial intelligence as evidence

Daniel Seng

Chapter Chapter 18 in Research Handbook on the Law of Artificial Intelligence, 2025, pp 373-401 from Edward Elgar Publishing

Abstract: The chapter focuses on the use of artificial intelligence as evidence and specifically on the use of information produced by AI - machine learning and its related technologies - that is used to demonstrate an asserted fact for a legal determination as to the truth or falsity of a proposition. Given AI evidence is a type of electronic evidence, the chapter focuses on AI evidence that involves some element of computer-processing using AI and machine learning - that is used for a determination of facts under judicial inquiry. These include computer-generated transaction summaries and business records, drug analysis reports, genomic typing reports and breath-alcohol tests for identification and evaluation purposes, automatic number plate recognition evidence to show vehicular location, movement and time, automated recordings of nautical traffic, and digital forensics for cybercrimes. The fact that AI is a general-purpose technology whose use is pervasive and that the algorithms associated with machine learning are of general application mean that it is more meaningful to first analyze such evidence on the basis that it is evidence in electronic form, before adding to the analysis the considerations that come from the use of AI and its related technologies such as statistics and algorithms. This chapter provides a review and summary of the use of AI as evidence citing cases and issues from numerous applications.

Keywords: Authentication; Evidence; Legal presumption; Reliability; Artificial intelligence (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316489
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