Addressing AI and Deepfakes in Elections: A Legislative Response
Introduction
As the 2024 election looms large, state legislators across the United States are grappling with the challenges posed by artificial intelligence (AI) and deepfakes in political campaigns. This surge in legislative activity reflects a growing recognition of the potential threats these technologies pose to electoral integrity and the urgent need for proactive measures to mitigate them.
The Issue
AI and deepfakes, synthetic media generated using artificial intelligence, have the capability to create realistic and deceptive content that can be used to manipulate public opinion and influence election outcomes. These technologies can be employed to create fake news articles, videos, and audio recordings that are designed to mislead voters and undermine trust in the electoral process.
The recent emergence of a fake robocall featuring a voice impersonating President Joe Biden highlights the urgency of addressing this issue. The call, which instructed Democratic voters in New Hampshire not to cast their ballots in the primary election, underscores the potential for AI and deepfakes to sow confusion and perpetuate fraud.
State Legislative Responses
In response to these threats, lawmakers in various states have introduced legislation aimed at combating the use of AI and deepfakes in elections. These bills generally fall into two categories: disclosure requirements and bans.
Disclosure Requirements
Disclosure requirements mandate that any media created with the use of AI and disseminated to influence an election within a specified time frame must include a prominent disclaimer. This disclaimer informs the audience that the content has been generated using artificial intelligence and is not authentic.
Bans
Bans prohibit the dissemination of AI-generated media within a certain period before elections unless the content features a disclosure. These bans often contain nuanced exceptions, such as allowing the dissemination of AI-generated media if a disclosure is provided and the person responsible for the media is unaware that it “falsely represents” the depicted individuals.
Examples of Proposed Legislation
Disclosure Requirements
* Alaska: Republican lawmakers introduced a bill requiring a disclosure on any AI-generated media intended to influence an election.
* Florida: Republican lawmakers proposed a bill mandating a disclosure on AI-generated media used in political advertising.
Bans
* Hawaii: Democrats introduced a bill banning AI-generated media within 60 days of an election unless it includes a disclosure.
* South Dakota: Democrats introduced legislation prohibiting AI-generated media within 30 days of an election unless it features a disclosure.
* Massachusetts: Democrats proposed a bill banning AI-generated media within 14 days of an election unless it includes a disclosure.
* Oklahoma: Democrats introduced a bill prohibiting AI-generated media within 14 days of an election unless it features a disclosure.
* Nebraska: Democrats introduced a bill banning all deepfakes within 60 days of an election.
* Indiana: Republicans proposed a bill banning AI-generated media within 30 days of an election unless it includes a disclosure.
* Wyoming: Republicans introduced a bill prohibiting AI-generated media within 14 days of an election unless it features a disclosure.
* Arizona: Republican lawmakers proposed a bill allowing candidates and Arizona residents to sue for relief or damages if someone publishes a “digital impersonation” of them.
* Idaho: Republicans introduced a bill banning “synthetic media” that lacks a disclosure. The bill also allows depicted individuals to sue those who published the media.
* Kentucky: A Republican-proposed bill defines deepfakes and prohibits their dissemination without consent from the depicted individuals. It also allows individuals to sue for relief and damages.
* Virginia: A Democratic-led bill makes it a Class 1 misdemeanor to create “any deceptive audio or visual media” for the purpose of committing a criminal offense.
Challenges and Outlook
While the introduction of these bills demonstrates a growing awareness of the need to address AI and deepfakes in elections, it is important to note that not all of these bills will necessarily become law. In the past year, only a handful of states enacted laws regulating the use of AI and deepfakes in political campaigns, highlighting the challenges in translating legislative proposals into concrete actions.
The complexity of the issue, the potential for unintended consequences, and the need for careful consideration of First Amendment rights all contribute to the challenges in crafting effective legislation. Additionally, the rapidly evolving nature of AI and deepfake technologies poses a significant challenge for lawmakers, as they must anticipate future developments and ensure that regulations remain relevant and effective.
Despite these challenges, the surge in legislative activity in 2024 suggests a growing momentum towards addressing the threats posed by AI and deepfakes in elections. As the 2024 election cycle progresses, it is likely that more states will consider and enact legislation to safeguard the integrity of their electoral processes.