Artificial Intelligence Challenges and Opportunities in Contemporary Proofing

Abstract

This study examines the complex relationship between artificial intelligence (AI) and contemporary evidence, taking into account the legislative gap that has emerged between the rapid development of this technology and traditional legal frameworks. The study highlights the dual nature of AI. On the one hand, it is considered an unprecedented tool for data analysis and evidence discovery, while on the other hand, it poses a serious threat to truth through deepfake technology.

The study demonstrates that under the laws currently in force in Iraq and the Kurdistan Region, AI is not classified as independent evidence, but can only be introduced into the judicial process through expertise. In other words, an AI system is viewed as merely an advanced auxiliary tool at the disposal of a human expert, and the legal value of its findings depends on that expert's report.

In conclusion, the study concludes that current laws are unable to fully address these challenges. Therefore, it presents a set of recommendations, most notably the need to amend the Evidence Law to clearly address digital evidence, while regulating liability and the burden of proof when using technologies such as deepfake. The study also emphasizes the importance of ongoing training for judges and legal professionals and establishing clear standards for expert practice in this emerging field