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Deepfake evidence authentication record checklistfor an exhibit whose authenticity may be challenged as AI-made
TimeBinder adds a layer of protection against AI and human fraud and disputes. Check whether you hold the original, whether you know where it came from and how it moved, what is written down about any AI claim, and the dated copies you can still show.
Nothing you tick is sent anywhere. This page is not legal advice and cannot tell you whether a recording is genuine or fake. The rules it mentions are United States federal rules and drafts; other courts differ.
Check the original, the chain of handling, any AI claim and the copies you can still show
Tick what is true about the recording or image. You get a shareable result and clear next steps. Nothing you tick is sent to TimeBinder.
Your choices stay on this page. Nothing you tick is sent anywhere or tied to your name.
Tick everything that is true about a recording or image you may need to rely on or challenge
This looks at whether you hold the original file, whether you know where it came from and how it moved, whether anyone has said it is AI-made and on what basis, and whether your copies are dated. It is a records list, not legal advice and not a finding about any exhibit.
What to do now
What records should I gather when a video or audio exhibit may be challenged as a deepfake? The short answer
Gather the original file, not a screenshot or forwarded copy, and the device or account it came from. Write down who made or received it, on which device or account and when. Capture the metadata and a fingerprint before anyone converts or shares it again. If someone says it is AI-made, write down which features or source facts support that claim, because a detector score alone is not a record of how the file was handled. As of 5 November 2026, a published summary says that no Federal Rule of Evidence addresses deepfakes by name, so courts apply their existing authentication rules, starting with Rule 901(a), which asks for evidence sufficient to support a finding that the item is what the proponent claims it is.
This checklist is not legal advice and cannot tell you whether a recording is genuine. A TimeBind of a file you already hold, such as the original recording or a metadata export, can show that exact file existed no later than a recorded time and still matches. It does not show that the file is genuine, who made it or that it was not generated by AI.
Why this came up in November 2026
The US Judicial Conference’s Advisory Committee on Evidence Rules met on 15 October 2026 and its October 2026 agenda book prints a working draft of a Rule 901(c) on potentially fabricated evidence created by generative AI. According to Recording Law, as of 5 November 2026, the draft has never been published for public comment. It would have a challenger present evidence sufficient to support a finding of fabrication; if that is shown, the item would be admissible only if its proponent shows it is more likely than not authentic. The same source says proposed Rule 707, on machine-generated evidence offered without an expert, was published in August 2025 and then withdrawn as published for further study. Neither is an adopted rule, and this page does not treat them as more than drafts.
Our own explainer on deepfake evidence rules in the US, England and the EU covers the rules in more detail and notes where we have not seen official outcomes. This checklist is the practical companion: the records to gather before an exhibit is questioned.
Measured demand is visible but small. Checked on 13 November 2026, about 5:40 AM Australia/Brisbane. Google autocomplete for “deepfake evidence” returned “deepfake evidence in court”, “deepfake evidence in criminal proceedings” and “deepfake evidence litigation law”. Autocomplete shows what people type. It is not search volume.
Sources: Recording Law and Advisory Committee on Evidence Rules, October 2026 agenda book.
What this checklist does and does not do
The honest job of this page is to put the record-gathering in a sensible order, not to advise on any case. See also the AI filing court order response record checklist and the glossary entries for existed no later than and fingerprint.
| Part | What it does | What it does not do |
|---|---|---|
| The item itself | Reminds you to secure the original file and device or account, write down who made or received it and when, and capture metadata and a fingerprint. | Authenticate an exhibit or tell you whether a file was altered. |
| An AI-made claim | Reminds you to write down which features or source facts support a claim that a file is AI-made, and not to rely on a detector score alone. | Tell you whether a file is AI-made, or settle whether a recording is fake. |
| Your forum’s rules | Reminds you to check what your court requires, including any notice step, and whether an expert is needed. | Tell you what any court will require. |
| A TimeBind of a file you already hold | Records that an exact file existed no later than a recorded time and still matches, using a SHA-256 fingerprint made in your browser. The file stays on your device. | Show that a recording is genuine, who made it or that it was not generated by AI. |
If the original file and your handling notes are something you may need to show later
As soon as you hold the exhibit:
- Keep a dated copy of the original, a metadata export and your notes on who handled it, apart from working copies.
- Make a TimeBind of each exact file you already hold. The fingerprint is made in your browser and the file stays on your device. You can later download a Proof of Time Certificate.
- Store the files, the notes and the certificate together, with the date each record was made.
A TimeBind shows the exact file existed no later than the recorded time and still matches. It cannot show that a recording is genuine.
First Pooled TimeBind free, no card, then from US$5. An ASAP TimeBind is US$15.
What a TimeBind shows, and what it does not. It shows that an exact file existed no later than a recorded time and that a copy shown later still matches its fingerprint. It does not show who made the file, who owns it, that its contents are true, or whether AI was used to make or edit it. This is general information, not legal advice.
To keep a dated log of each fake post, account or video as you find it, with a SHA-256 fingerprint of each screenshot made in your browser, see also the free Impersonation and fake content evidence capture log. It does not show that a post is fake.
deepfake evidence authentication record checklist: FAQ
Is there a federal rule for deepfake evidence?
Not as of the 5 November 2026 summary quoted here. A draft Rule 901(c) has not been published for comment, and proposed Rule 707 was withdrawn as published for further study. Courts apply existing authentication rules such as Rule 901(a). Check the Committee’s page for later developments.
Why capture metadata and a fingerprint early?
Because opening, converting or sharing a file again can change it. A fingerprint taken from the original lets you later show whether a copy still matches. It does not show that the file is genuine.
Is an AI detector score enough?
This checklist treats it as a weak record on its own, because a score does not record where a file came from or how it was handled. Whether it is admissible or persuasive is for your court and any expert.
Does a dated record show that a recording is genuine?
No. A TimeBind of a file you already hold can show that exact file existed no later than a recorded time and still matches. It does not show that the file is genuine or who made it.
Is this legal advice?
No. It runs in your browser and only helps you plan the records. For advice on a case, talk to a qualified lawyer.
Is anything I tick sent to TimeBinder?
No. The checklist runs in your browser. Your ticks stay on the page.
Related guides and tools
- Deepfake evidence rules: US, England and EUOur explainer on the rules and drafts
- AI filing court order response record checklistRecords to gather if a court questions an AI filing
- AI citation filing checklistChecks before filing
- Verify a viral video in 5 stepsCheck where a clip came from
- GlossaryPlain definitions of fingerprint, SHA-256 and existed no later than
- All free toolsPrivate, in-browser tools
Date the exact files you already hold
Add a layer of protection against AI and human fraud and disputes: a dated, checkable record of the exact original file, made as soon as you hold it.
- Open the app and sign in with email or Google.
- Add your files. They stay on your computer.
- Seal them and download your Proof of Time certificates.
First Pooled TimeBind free, no card, then from US$5. See pricing.