As the 2024 elections approach, the Federal Election Commission (FEC) is considering the role of AI-generated deepfakes in political campaigns. Advocates believe regulation will protect voters from disinformation.
FEC’s Procedural Vote
On Thursday, the FEC moved forward with a petition that aims to regulate ads misrepresenting political opponents through AI. The issue is prominent in the ongoing 2024 GOP presidential primary.
AI in Current Campaigns
Generative AI tools have made fake images and audio clips more accessible. Consequently, campaigns like Florida GOP Gov. Ron DeSantis’s have adopted these methods.
In a striking example, the Republican National Committee showcased an entirely AI-constructed ad, predicting America under a second Biden term with dystopian visuals. Furthermore, DeSantis employed AI to craft an ad against Donald Trump, showcasing an imagined embrace between Trump and Dr. Anthony Fauci.
SOS America PAC, backing Miami Mayor Francis Suarez, explored generative AI with VideoAsk for an AI chatbot resembling Suarez.
Deepfakes and Federal Law
The recent FEC discussion followed a request from advocacy group Public Citizen. The group sought clarification on whether the “fraudulent misrepresentation” law covers AI deepfakes. While the panel is exploring this angle, any rules on the matter will only emerge post a 60-day public comment window, slated to start soon.
Earlier, the FEC had reservations about its authority on this issue. However, Public Citizen highlighted the fraudulent misrepresentation law, arguing the FEC had jurisdiction. Supporting this, 50 Democratic lawmakers, led by House Rep. Adam Schiff, communicated to the FEC the challenges evolving AI posed for voters distinguishing between real and fake campaign content.
Despite this, Republican Commissioner Allen Dickerson expressed doubts about the FEC’s authority to regulate deepfake content. He pointed out the broadness of the fraudulent misrepresentation law and the potential infringement on First Amendment rights. Yet, Public Citizen’s Robert Weissman countered, emphasizing the unique deceptive capabilities of deepfakes, which warranted a different approach.
Lisa Gilbert, from Public Citizen, proposed a compromise: candidates could disclose AI’s role in misrepresenting opponents. This ensures transparency without completely avoiding the technology.
Deepfake Challenges in Elections
A possible FEC ban on AI deepfakes in campaign ads wouldn’t completely eliminate threats. Existing laws might not compel external groups, like PACs, to declare their use of AI in mimicking candidates.
Additionally, individual social media users might continue spreading AI-generated or other misleading content, dubbed “cheap fakes.”
Nevertheless, the Congress might step in. Legislators, including Senate Majority Leader Chuck Schumer, are considering creating boundaries for AI-generated deceptive content. Additionally, states are actively discussing or even passing laws related to deepfake tech.
Daniel Weiner, from the Brennan Center for Justice, highlighted the dangers AI poses, amplifying election misinformation. The severity of this threat remains to be seen, but concerns are undoubtedly growing.
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