[olliej]

No? There is no nuance here. The Swinton case is afaict a discussion on basic deterministic contrast increase.

There is no element of "AI enhancement". AI enhancement means "apply a statical model to make up information that is not present in the source data". Even if you take AI to be something more than a glorified statistical model, it cannot add any detail that is not in the original data. What it can do is, based on the biased training data, create imagery that looks real and can (1) make jurors believe the image presented are real (because the statistical model is geared to making plausible imagery) and (2) introduce details that are useful to the side presenting the images. The first is bad because it means the jury believes the fake image over the lower quality source data because it looks better despite being fiction, and the second is no different from asking someone to improve the image in photoshop.