The Discovery Demand for AI and Surveillance Technology Evidence template created by Mitha Nandagopalan of the Innocence Project’s Strategic Litigation Department outlines categories of discovery that can be requested in cases involving artificial intelligence and surveillance tools. By reviewing this list and incorporating relevant requests in their discovery motions, attorneys can seek disclosure of technological evidence used or generated during an investigation.
The list provides language for requesting complete discovery on facial recognition software, automatic license plate reader (ALPR) data, ShotSpotter alerts, social media searches, predictive policing software, and any machine learning (ML), generative AI, or natural language processing tools used in a case. Additionally, the document provides language for requesting records relating to video analytics software utilized and the policies and procedures governing the use of those software.
The Innocence Project’s Strategic Litigation Department offers litigation support for cases involving AI- and ML-based evidence and emerging surveillance technologies. Assistance is available through consultations, expert witness referrals, help with pretrial motions and trial strategy, and appellate or postconviction amicus briefings. For questions or collaboration, contact Mitha Nandagopalan, mnandagopalan@innocenceproject.org.