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Are Screenshots Still Good Enough as Evidence or Proof?

March 5, 2024

It has long been recommended that the best way to seek help when dealing with an online aggressor is to take a screenshot as evidence. However, in today’s digital landscape, is taking a screenshot still sufficient proof? Maybe….

In the 16 years since the launch of the first iPhone, the accessibility to create and edit images has significantly increased. Now, with AI tools like ChatGPT, DALL-E, and Midjounry, a person can generate imagery with a simple sentence-long text command, without requiring technical skills. A recent public result from the OpenAI project Sora, which can create realistic videos based on text prompts, is truly remarkable.

The power of AI raises significant concerns, especially in the context of the 2024 USA presidential election (1). Many people more than ever are now questioning whether we can truly believe anything we see online.

Even in the early 2000s, during a time when anyone could start publishing anything online, maintaining a healthy skepticism was—and remains today—an important skill in digital literacy. While it’s true that people can and do lie on the internet, traditionally, pictures and especially videos were held in higher regard as sources of truth. However, today, that assumption is being called into question.

Over the years, we’ve become increasingly aware of the cracks in the truth of the images we encounter, primarily due to tools like Photoshop, which were typically restricted by both financial cost and required skill. One notable case from the early 2010s involved an investigation where a group of students had convincingly Photoshopped a classmate’s head onto the body of a naked adult actor. In the 2010s, the emergence of online tools like iFake Text Message (2), which has been operational since 2016, further fueled doubts about the reliability of screenshot evidence.

Today’s AI tools are built into everyday apps we use, such as Google Photos and Pixel phones, with features like Magic Eraser that remove unwanted elements, further complicating the landscape of digital evidence.

Drama garners headlines, clicks, likes and follows. The classic method of sharing a screenshot of a text receipt on social media to prove what someone said is a common way of sparking debate. Yet we must ask, is what is being shared the truth? At face value are the images believable?

For evidence in court, questions are now starting to be asked such as in a 2021 Newfoundland Court of Appeal case. Police had been sent screenshots of a person’s concerning private social media post. However, the anonymous tipper was not available to testify to the authenticity of the screenshot. Is the screenshot admissible as evidence? In this case, the screenshot proof was accepted (3).

Ramna Safeer, back in 2021, now today a Class Actions Associate at Koskie Minsky LLP, provided some commentary on the matter:

“Ultimately, the NLCA decided that the threshold of authenticity and “best evidence” requirement for screenshots to be admitted as electronic evidence is a low one. Evidence as circumstantial as the officers’ familiarity with Facebook is sufficient to operate in favor of such evidence meeting the standard and being included. An exploration of this question by the SCC would undoubtedly shed needed light on the ever-evolving intersections between social media and electronic evidence” (4).

As technology advances, the authenticity of digital evidence becomes increasingly murky. Deepfake technology, which can convincingly manipulate audio and video recordings, adds another layer of complexity to the issue. These sophisticated manipulations can make it nearly impossible at first glance to distinguish between genuine and altered content.

The acceptance of screenshot evidence at face value appears still today widely accepted, both in public perception and within courts. With the accessibility of AI editing and generating tools, the authenticity of digital evidence will increasingly put into question the authority of digital evidence. How much longer can the public, police, and courts accept, at face value, what we have long accepted to be the truth?

The reliance on digital evidence in legal proceedings underscores the importance of implementing robust authentication measures to verify the authenticity of such evidence. Additionally, there is a growing need for increased awareness and education among legal professionals, law enforcement agencies, and the public about the potential manipulation of digital evidence using AI technology.

Courts and law enforcement agencies need to remain vigilant and adapt to the evolving landscape of digital manipulation to ensure the integrity of the justice system. As technology continues to advance, it is imperative to develop strategies and protocols for accurately assessing the authenticity of digital evidence in legal proceedings.

What AI-altered, edited, or enhanced material has already been accepted as truth in court? Furthermore, what cases have the police investigated solely based on the belief of the purported truth presented?

Furthermore, the proliferation of social media platforms and the ease with which information spreads online have led to a digital landscape where misinformation and disinformation thrive. In such an environment, discerning the truth from falsehoods becomes an increasingly difficult task.

To address these challenges, individuals must cultivate critical thinking skills and approach online content with a healthy dose of skepticism. Fact-checking sources, verifying information through multiple channels, and remaining vigilant against manipulation tactics are essential practices in navigating the digital realm.

Additionally, policymakers and tech companies must collaborate to develop robust strategies for combating the spread of misinformation and protecting the integrity of digital evidence. This may involve implementing technological solutions, such as digital watermarking or blockchain technology, to verify the authenticity of digital content.

Ultimately, while technology has empowered individuals to create and share content more freely than ever before, it has also introduced new challenges in verifying the accuracy and authenticity of that content. By remaining vigilant and adopting proactive measures, we can mitigate the negative impacts of digital manipulation and preserve the integrity of online discourse.

Referenced Sources

  1. https://www.wsj.com/tech/ai/new-era-of-ai-deepfakes-complicates-2024-elections-aa529b9e
  2. https://ifaketextmessage.com/
  3. https://records.court.nl.ca/public/supremecourt/decisiondownload/?decision-id=7321
  4. https://www.thecourt.ca/r-v-martin-shedding-light-on-screenshots-as-electronic-evidence/
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