As primary elections in the United States approach, state legislators are hastily working to put in place regulations regarding artificial intelligence (AI) and the use of deepfakes due to concerns that these technologies could disrupt the electoral process. This legislative push follows an incident in Slovakia where an AI-generated fake recording potentially influenced an election outcome.
Global Concern Over Election Integrity
With pivotal elections slated for this year in multiple countries including the USA, UK, India, and across the European Union, the challenge of managing the influence of AI has become urgent. Currently, only a handful of US states have official laws governing the use of AI and deepfakes, but others are rapidly proposing new bills, indicating a widespread bipartisan resolve to address this issue.
Efforts to Regulate AI at State and Federal Levels
While some initiatives are also being made at the federal level, most of the legislative activity is happening within state governments. Leading efforts include a bipartisan federal bill co-sponsored by Democratic Senator Amy Klobuchar and Republican Senator Josh Hawley. The initiatives have garnered attention due to the challenges of countering deceptive AI-generated content, as voiced by consumer advocacy groups.
Despite the complexities of regulating political advertising, which includes First Amendment considerations, states are not looking to outright ban AI-generated content. Instead, they seek to mandate clear disclosures when ads are AI-generated or manipulated, requiring such content to include unmistakable text or audio identifiers.
This disclosure requirement is primarily aimed at political advertisements broadcast within 90 days of an election. In a move that sets it apart from other states, Kentucky is considering imposing felony penalties, including prison sentences, on first-time offenders, emphasizing the severity with which it views the misuse of AI in political campaigns.
