2024 Election Faces Deepfake Threat as Federal Election Commission Considers Regulation
The Federal Election Commission (FEC) is taking steps to potentially regulate deepfakes generated by artificial intelligence (AI) in political advertisements ahead of the 2024 election. Advocates argue that this move would protect voters from a particularly dangerous form of election disinformation.
During a unanimous procedural vote on Thursday, the FEC advanced a petition that calls for the regulation of AI-generated deepfakes that manipulate political opponents by making them appear to say or do things they didn’t. This issue has already been highlighted in the ongoing 2024 GOP presidential primary race.
While the circulation of convincing fake images, videos, or audio clips is not new, the emergence of innovative generative AI tools has made them more accessible, affordable, and effective in manipulating public perception. As a result, some presidential campaigns, including Florida GOP Governor Ron DeSantis’ campaign, have already started using deepfakes to sway voters.
In April, the Republican National Committee released an entirely AI-generated ad depicting a dystopian future if President Joe Biden were to be re-elected. The ad featured realistic-looking photos showing boarded-up storefronts, military patrols on the streets, and waves of immigrants causing panic.
Additionally, DeSantis’ campaign created an attack ad against his GOP primary opponent Donald Trump using AI-generated images of Trump embracing infectious disease expert Dr. Anthony Fauci.
The FEC’s meeting on Thursday was held in response to a petition from Public Citizen, an advocacy group, urging the agency to clarify that an existing federal law prohibiting fraudulent misrepresentation in campaign communications applies to AI-generated deepfakes.
The recent vote demonstrates the FEC’s intention to address this issue, but it will only make a final decision on developing rules for regulating deepfake ads after a 60-day public comment period, expected to begin next week.
In June, the FEC was deadlocked on a previous petition from Public Citizen, with some commissioners expressing doubts regarding their authority to regulate AI ads. However, Public Citizen submitted a new petition that cites the law against fraudulent misrepresentation and asserts that the FEC does have jurisdiction.
A group of 50 Democratic lawmakers, led by House Representative Adam Schiff, also sent a letter to the FEC urging them to advance the petition. They highlighted the increasingly challenging task for voters to accurately identify fraudulent video and audio content due to the rapidly evolving AI technology, particularly in the context of campaign advertisements.
Republican Commissioner Allen Dickerson expressed skepticism about the FEC’s authority to regulate deepfake ads, stating that there is nothing inherently unique about deepfakes or generative AI. He argued that if the FEC had such authority, they would also be able to penalize other forms of doctored media or lies in campaign ads. Dickerson added that he was concerned this move could infringe on protected expression under the First Amendment.
In response, Public Citizen President Robert Weissman countered Dickerson’s points, emphasizing that deepfakes are distinct from other false statements or media because they deceptively claim to represent a candidate in a convincing manner. Weissman argued that acknowledging deepfakes as fraud addresses concerns regarding the First Amendment, as while false speech is protected, fraud is not.
Lisa Gilbert, Executive Vice President of Public Citizen, suggested that under their proposal, candidates would have the choice to disclose prominently the use of AI to misrepresent opponents, rather than avoiding the technology entirely. Gilbert stressed the importance of taking action, as an undebunked deepfake maliciously targeting a candidate could unjustly influence an election.
Criminalizing deepfake ads, if decided by the FEC, would not cover all the election threats posed by deepfakes. For instance, the law against fraudulent misrepresentation would not compel outside groups like Political Action Committees (PACs) to disclose the use of artificial intelligence technology when imitating a candidate. Additionally, individual social media users could still create and spread misleading content, including AI-generated misinformation, commonly known as cheap fakes.
However, Congress has the power to pass legislation that establishes guidelines for AI-generated deceptive content. Senate Majority Leader Chuck Schumer and other lawmakers have expressed their intent to address this issue. Several states have also discussed or implemented legislation related to deepfake technology.
Daniel Weiner, Director of the Elections and Government Program at the Brennan Center for Justice, highlighted that misinformation about fraudulently stolen elections already exerts a potent force in American politics. He expressed concern that more advanced AI technology could exacerbate this problem.
While the FEC’s consideration of AI-generated deepfake regulation is a step forward in safeguarding the integrity of elections, experts maintain that a multi-pronged approach involving legal measures, technological solutions, and media literacy is necessary to combat this growing threat.
