Push for New Rules: AI Deepfakes Under Scrutiny by Democrats

Democrats

Democrats call for the Federal Election Commission (FEC) to implement regulations on AI deepfakes in political campaigns—but the outcome remains uncertain.

At a Glance

  • The FEC debates regulating AI-generated deepfakes in campaign ads.
  • Lawmakers emphasize the threat of AI in misrepresenting political opponents.
  • Generative AI advancements make creating convincing fake content easier and cheaper.
  • Republican Commissioner Allen Dickerson raises concerns about the FEC’s authority and First Amendment rights.
  • Public Citizen’s proposal seeks to clarify federal laws on AI deepfakes and fraud.

FEC Considering AI Deepfake Regulations

The Federal Election Commission (FEC) is currently considering the regulation of AI-generated deepfakes in political ads ahead of the 2024 election. This follows a procedural vote advancing a petition to regulate campaign ads that potentially use AI to misrepresent political figures.

Grok’s capabilities and other similar AI tools are making it easier and cheaper to create convincing fake images, videos, or audio clips. The FEC aims to tackle this evolving threat by establishing stringent guidelines. Previous instances have shown AI deepfakes used by campaigns, such as Florida GOP Gov. Ron DeSantis’ use of AI-generated content in attack ads.

Political Campaigns and AI Use

The Republican National Committee released an AI-generated ad depicting a dystopian future if President Joe Biden is re-elected. Meanwhile, DeSantis’ campaign utilized AI-generated images in attack ads against Donald Trump. These incidents underscore the urgent need for clear regulations to protect the integrity of elections and prevent voter deception.

“Quickly evolving AI technology makes it increasingly difficult for voters to accurately identify fraudulent video and audio material, which is increasingly troubling in the context of campaign advertisements.” – House Rep. Adam Schiff

Public Citizen asked the FEC to clarify that existing federal law against fraudulent misrepresentation should apply to AI-generated deepfakes. This clarification would provide a baseline for legal action against deceptive AI usage. The FEC is expected to decide on whether to develop rules after a 60-day public comment period.

Challenges and Skepticism

Some FEC commissioners have expressed skepticism about the FEC’s authority to regulate AI ads, raising First Amendment concerns. Republican Commissioner Allen Dickerson stated, “I’ll note that there’s absolutely nothing special about deepfakes or generative AI, the buzzwords of the day, in the context of this petition.” This skepticism highlights the legal and regulatory challenges faced in establishing new guidelines for AI-generated content.

Public Citizen President Robert Weissman argues that deepfakes represent a notable leap in technology and constitute fraud, not protected speech. The organization suggests requiring candidates to disclose the use of AI in their ads, providing transparency and accountability. Furthermore, the FEC could set guidelines on how campaigns should display disclaimers about AI use in political ads.

“The deepfake has an ability to fool the voter into believing that they are themselves seeing a person say or do something they didn’t say.” – Robert Weissman

Even if the FEC bans AI deepfakes in campaign ads, this regulation would not cover all threats, such as those from outside groups or individual social media users. Additional legislation from Congress could be needed to create comprehensive guardrails for AI-generated deceptive content.

Sources

1. FEC moves toward potentially regulating AI deepfakes in campaign ads

2. FEC moves toward potentially regulating AI deepfakes in campaign ads

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