---
title: "Protocol for exchange of native electronic files where authenticity is in issue"
url: "https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/native-file-exchange-protocol"
type: "precedent"
site: "AI Law Framework"
id: "a44-native-file-exchange-protocol"
area_id: "A44"
kind: "agreement"
ai_level: "red"
version: 1
task_ids: ["A44-A20260923-2", "A44-A20260923-1"]
law_stated_as_at: "2026-10-22"
---

# Protocol for exchange of native electronic files where authenticity is in issue

> Short protocol the parties can adopt for a file whose authenticity, identity or provenance is disputed: native file, hash, metadata export, no public AI, and a timetable for a s 167 request.

Canonical page: https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/native-file-exchange-protocol  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Agreement. A contract between two or more parties.
- Practice area: [Incoming evidence — deepfakes & synthetic documents](https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents.md)
- Jurisdictions: Commonwealth, New South Wales, Victoria, Australian Capital Territory, Northern Territory, Tasmania
- AI level: Red. You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 5 authorities it cites, for 6 jurisdictions.

## When to use it

Use at a directions hearing or in correspondence when a particular image, message export, audio or video is disputed. It is an agreement about handling that material. It is not a submission on admissibility and it does not replace an expert report.

## Used for these tasks

- [Draft an authenticity challenge or expert-instruction letter](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/draft-an-authenticity-challenge-or-expert-instruction-letter.md)
- [Compare claimed source metadata with the file actually produced](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/compare-claimed-source-metadata-with-the-file-actually-produced.md)

## How AI may be used

The lawyer writes and negotiates the protocol; a tool may only insert agreed item identifiers, dates and party names from the instructions into the schedule.

**AI may:**

- Insert item identifiers, party names and proposed dates from a list the lawyer has approved.
- Check the schedule for blank rows after the lawyer has filled the operative clauses.

**AI must not:**

- Must not draft or amend the operative clauses that the parties are asked to adopt.
- Must not describe either party's file as authentic or as fabricated.
- Must not send the protocol.

**The lawyer checks:**

- The item list matches the files actually in dispute, not the whole production.
- The hash method, the holder of the native file, and the dates are agreed or clearly marked as proposed.
- Clause 6 matches GPN-AI paras 4.13 to 4.15 if the proceeding is in the Federal Court, and any suppression or confidentiality order.

## Authorities

- [Evidence Act 1995 (Cth) s 167 (requests about authenticity, identity or admissibility of a document or thing)](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ea199580/s167.html)
- [Evidence Act 1995 (Cth) s 48 (proof of contents of documents, including copies and device-retrieved records)](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ea199580/s48.html)
- [Evidence Act 1995 (Cth) s 146 (evidence produced by processes, machines and other devices), Compilation No. 35, 10 June 2025](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ea199580/s146.html)
- [Federal Court of Australia, Use of Generative Artificial Intelligence Practice Note (GPN-AI), 16 April 2026, paras 4.7 to 4.15](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ai)
- [Evidence Act 1995 (Cth), Compilation No. 35, compilation date 10 June 2025, Federal Register of Legislation](https://www.legislation.gov.au/C2004A04858/latest)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/native-file-exchange-protocol and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*