Advances in artificial intelligence (AI) technology are raising concerns about the spread of false information during campaigns. However, a deadlock at the Federal Election Commission (FEC) is obstructing efforts to establish regulations. Democrats in the House and Senate have supported a second request for the FEC to clarify that its rules on fraudulent misrepresentation apply to the use of AI. This request follows the defeat of an initial petition led by the progressive consumer advocacy organization Public Citizen. Rep. Adam Schiff and Sens. Ben Ray Luján and Amy Klobuchar have urged the FEC to reconsider its decision and take action on AI regulations. They argue that the commission has the authority to do so. The use of AI in campaigns is becoming more advanced and widespread, making it urgent to address this issue before the 2024 election. AI has the ability to create realistic images, audio, and video, making it difficult for viewers to discern what is real. Deepfakes, which are AI-generated manipulations, could potentially impact elections. Some Republican presidential campaigns and super PACs have already utilized AI technology, including using an AI-generated voice of former President Trump in an advertisement. Experts emphasize the need to find solutions to navigate the challenges posed by AI advancements. Public Citizen has sent a second petition to the FEC requesting clarification on the application of the law against fraudulent misrepresentation to deceptive AI campaign communications. The Republican FEC Commissioners have voiced concerns about jurisdiction and have rejected the first petition. However, former FEC Commissioner Ann Ravel believes the commission has the power to address AI regulations. Public Citizen calls for the FEC to interpret existing regulations to address AI misuse in campaigns and advocates for broader regulations, such as watermarking to identify AI content. While the FEC’s deadlock and wait for explicit authority from Congress is not unusual given the partisan split, it has prompted calls for action on AI to prevent potential abuse in the electoral process. As regulators and lawmakers consider AI rules, it is important to avoid extreme views and instead approach the issue with a balanced perspective.
The Impeding Impact of an FEC Deadlock on AI Regulation in Campaigns
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