Rethinking Visual Provenance: Detection and Watermarking Across Direct Visual Generation and LLM-Driven Code Rendering

Generative artificial intelligence now synthesizes photorealistic imagery, audio, and video at a cost that defeats traditional forensic intuition. The legal consequences span three regimes studied so far in isolation: international operational law, domestic procedure, and product regulation. This article presents a unified evidentiary framework that maps cryptographic content provenance, robust statistical watermarking, and zero knowledge attestation to the proof requirements of each regime. We define a five tier threat model spanning naive regeneration, adversarial laundering, cross model regeneration, active watermark removal, and insider provenance forgery. We release a public benchmark of 12000 generated items across image, audio, and video modalities under six laundering pipelines for 72000 evaluation samples. We evaluate four representative schemes and report true positive rate at fixed false positive rate, robustness area under the curve, computational overhead, and a regime conditioned legal sufficiency score. We translate empirical detection bounds into legal sufficiency thresholds for command decisions under the law of armed conflict, for criminal and civil admissibility under domestic procedure, and for persistence audits under the European Union Artificial Intelligence Act and analogous regimes. The result is a reproducible reference pipeline, a public benchmark, and model annexes that lawyers, engineers, and operators can deploy together.

Generative AI systems increasingly produce content whose provenance is difficult to verify, motivating watermarking techniques for identifying model-generated outputs. Existing cryptographic watermarking methods provide strong undetectability guarantees: without a detection key, watermarked outputs are computationally indistinguishable from unwatermarked ones. However, these approaches do not address the crucial deployment challenge of how to safely delegate detection capabilities. With an unrestricted detection key, a malicious detector may use the detection key beyond its intended scope, enabling watermark sanitization, scope abuse, and user profiling. To mitigate this safety concern, we introduce, to the best of our knowledge, the first \emph{attribute-based watermarking} for generative AI models, providing fine-grained, policy-controlled watermark detection. In our approach, each generated output is associated with attributes, and each detection key is \emph{constrained by a policy} on potential attributes. A detection key can only be used to detect watermarked outputs whose attributes satisfy the corresponding policy, while watermarked outputs that fall outside the policy remain computationally indistinguishable from unwatermarked ones. We construct such an attribute-based watermarking scheme and formalize its security properties, including consistency, adaptive robustness to bounded corruptions, undetectability, and soundness, along with a security proof under standard cryptographic assumptions. Our construction integrates constrained pseudorandom functions, pseudorandom error-correcting codes, and randomness recovery procedures with generative AI models. Finally, we implement a prototype and an empirical evaluation, demonstrating that attribute-based watermarking is both effective and practical.

On August 2, 2026, the obligations of Article 50 of the EU AI Act took effect, requiring generative AI providers to mark the content their systems produce and ensure it can be detected as AI-generated. Days later, Anthropic disclosed that every Claude model released after that date embeds a watermark based on SynthID-Text in all generated text, enabled by default with no user opt-out; Google has deployed SynthID-Text in Gemini since 2024. Users objected that the watermark degrades quality, particularly for code, that it secretly encodes identifying information, and, in mutual contradiction, that it is easily removable and inescapable; the vendor answered with assurances of unchanged quality, no identifying information, and robustness to light editing. In this work, we argue that neither the objections nor the assurances can currently be verified and that this unverifiability, rather than watermarking itself, is the substantive governance failure. We sort the contested assertions by what it would take to settle each and evaluate the open-source SynthID-Text implementation on two open-weight models, because no public tool can test the deployed systems. On prose, the measured effect of the watermark does not exceed that of changing the sampling seed. On code, the cost is three points of correctness on one model and below measurement on the other, while detection remains near chance, a limitation of detectability rather than quality. The remaining gaps trace to withheld access or missing institutions and we map each to a requirement: release of matched outputs, configuration disclosure, accredited audits, a shared evaluation protocol, and interoperable detection.