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Upscaled photos are essentially fiction that is based on actual events. Any details that are not clear in the original should not be treated as real.
For the sake of, say, improving the visual quality of a movie, this is fine.
For the sake of forensics...aw hellllll no. The first time a prosecutor tries to use AI-enhanced images in court, they'll be absolutely destroyed by a competent defense attorney, and possibly disbarred.
I feel like AI isnt ubiquitous enough for a lawyer using it improperly to be seen as acting in bad faith and disbarred. I don't know, but disbarring seems like a more "fatal" punishment.
You're probably right. I'm sure it would depend on specifics. An extreme case could be considered falsifying evidence, which I think could be grounds for disbarment. In practice it might just be a matter of providing the original photos and clearly presenting any edited images as such.