Federal judiciary raises concerns over deepfakes when opposing courtroom cameras
The federal judiciary opposes legislation that would bring cameras into its courtrooms, in part because of increasing concerns over deepfakes. (Getty Images/CatEyePerspective)
The federal judiciary continues to oppose legislation that would bring cameras into its courtrooms, in part because of increasing concerns over deepfakes.
“The creation of deepfake federal judicial proceedings could create serious and irreparable reputational harm to witnesses, undermine confidence in the judicial system, inflame an already threatening environment to judges and their families, be used by criminals to commit fraud and harm the provision of justice in America,” Robert J. Conrad Jr., the secretary of the Judicial Conference of the United States, wrote in a letter to Senate Judiciary Committee Chair Chuck Grassley in early June.
Last week, the Senate Judiciary Committee advanced the Sunshine in the Courtroom Act, which would authorize the presiding judge in all federal courts, including the Supreme Court, to permit the “photographing, electronic recording, broadcasting or televising” of court proceedings at their discretion. Under the bill, they can decide against allowing cameras if it is determined they could violate the due process rights of any party.
The Senate Judiciary Committee also advanced a related bill, the Cameras in the Courtroom Act. If enacted, it would instruct the Supreme Court to allow television coverage of oral arguments and other sessions open to the public unless a majority of justices decide the action violates due process.
In his letter, Conrad also reiterated that the federal judiciary has consistently expressed that allowing cameras into courtrooms could irreparably harm a citizen’s right to a fair and impartial trial. He said they could intimidate litigants, witnesses and jurors, and create security and privacy concerns for any individual whose personal information might be revealed. He said they also threaten the security of judges and court employees.
“The Judicial Conference continues to oppose legislation that would allow broadcasting of federal trial court proceedings or recording for purposes of further distribution,” Conrad wrote. “Additionally, while for nearly 30 years the Judicial Conference has authorized courts of appeals to decide whether to allow cameras, it opposes legislation that would transfer such decisions to any individual or panel of judges in any court of appeals.”
Along with the added concerns over deepfakes, Conrad said retrofitting courtrooms for the inclusion of cameras would result in a significant expense for the federal judiciary.
Law360 and Reuters have additional coverage.
See also:
AI video mocks federal judge who is leading efforts to combat deepfakes
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