My Attorney Is A Robot

As the 2024 election cycle gears up, the Wisconsin State Assembly has taken a proactive stance by passing a bill to curb the misuse of Artificial Intelligence (AI) in political campaigns. Focusing on the use of deepfake ads, representatives aim to create safeguards against the potential threats posed by these technologies to the democratic process. This move aligns with a broader trend as states across the nation grapple with the challenges posed by these sophisticated technologies. Furthermore, the recent uptick in the utilization of deepfakes in political campaigns has prompted tech companies to ramp up their efforts in preparation for the upcoming 2024 general election. These developments underscore the complexities of digital innovation as legislators, tech giants, and the public confront the challenges and future outlook of AI’s role in shaping democratic processes.

Wisconsin’s Legislative Action

Wisconsin’s State Assembly has taken a significant step towards enhancing transparency in political campaigning with the passage of Assembly Bill 664 (AB 664). This legislation mandates the clear disclosure of AI-generated content in political advertisements. Specifically, it requires that any audio or video communication funded by political entities, if containing synthetic media produced substantially through generative artificial intelligence, must include a disclosure at the beginning and end of audio communications and throughout video communications, indicating the use of AI-generated content. This bill addresses the growing concern over the potential for AI to influence voter perceptions and the integrity of election processes by ensuring voters are aware when the content they are viewing or listening to has been artificially generated. The move reflects a broader understanding of the need for accountability and transparency in the use of emerging technologies in the political sphere.

Similar Legislation in Other States

Wisconsin’s approach is part of a broader national effort to address the implications of AI in political campaigns. States like California, New York, and Texas have each adopted varying strategies, ranging from disclosure requirements to outright bans on AI-generated deepfakes in political materials.

California has been proactive in this arena with laws such as AB 730, which restricts the distribution of materially deceptive deepfake videos and audio of political candidates close to elections, aiming to protect the integrity of electoral processes. This law allows affected candidates to seek legal redress, including injunctions and damages, for the misuse of manipulated content designed to harm their reputation or mislead voters. This efforts underscore California’s balanced approach, aiming to curb harmful deepfakes while considering First Amendment implications and exceptions for legitimate uses such as reporting, commentary, and satire.

Washington State has also taken a significant step with a law requiring clear disclosures for deepfakes used in election-related media. This law emphasizes transparency for manipulated or synthetic content, demanding that disclosures be easily noticeable and present throughout the media’s duration. The law is a result of collaboration between legislators and academic experts, aiming to safeguard democratic integrity by ensuring voters are informed about the authenticity of the media they consume.

Recent Utilization of Deepfakes in Political Campaigns

Deepfake technology has already been deployed in various political contexts globally, including in the United States, where it has been used in campaign advertisements. One notable instance involved Florida Governor Ron DeSantis’s campaign, which released AI-generated images depicting former President Donald Trump in a compromising manner with Anthony Fauci, reflecting the technology’s capacity to stir controversy among voters and potentially sway their opinions based on misleading representations.

Similarly, in Slovakia, deepfake audio recordings were circulated ahead of the October 2023 election, falsely portraying Michal Šimečka, leader of the Progressive Slovakia party, discussing plans to rig the election and increase the price of beer. Despite the audio clips being labeled as AI-generated partway through, the timing of these disclaimers was criticized for potentially deceiving listeners. The dissemination of these deepfakes close to the election spurred discussions about their possible impact on the election results, where Šimečka’s party narrowly lost to a pro-Kremlin opposition.

More recently, In January of this year, an AI-engineered robocall mimicking President Joe Biden was used to tell New Hampshire primary voters to stay home. The incident highlighted the potential for AI to be misused in political campaigns to spread misinformation and manipulate electoral outcomes, and led to the Federal Communications Commission (FCC) voting to make AI-generated robocalls mimicking the voices of political candidates illegal just weeks later.

Tech Companies’ Preparations for the 2024 Election Cycle

As the 2024 election cycle approaches, technology companies are ramping up efforts to counteract the spread of AI-generated deepfakes and misinformation. A coalition including Adobe, Google, Meta, Microsoft, OpenAI, and TikTok has announced plans to develop and implement technologies such as cryptographically secure metadata for digital content, which would allow for the authentication of media files and transparency about any alterations made to them. This initiative, part of a broader effort involving the Content Credentials group, aims to restore trust in digital media by making it possible for users to verify the origins and authenticity of content, especially in the politically charged atmosphere of elections.

Additionally, AIandYou, a non-profit organization, is launching a public awareness campaign to educate voters about the potential impact of AI on elections, planning to use AI-generated ads as part of an educational effort to improve digital literacy among the electorate. Such collaborative efforts between the tech industry and civic organizations highlight a proactive approach to safeguarding electoral integrity and public trust in the digital age, indicating a shared responsibility among various stakeholders to combat deceptive practices.

Challenges and Future Outlook

The integration of Artificial Intelligence in political campaigns poses both transformative opportunities and significant challenges as we approach the 2024 elections. AI’s capacity to generate personalized, targeted messaging could democratize digital campaigning, enabling more campaigns to engage voters effectively, regardless of their budget size. This technological leap forward allows for sophisticated microtargeting and the creation of diverse content forms, from text to deepfake videos, promising to enhance voter outreach but also raising concerns about misinformation and voter manipulation​​​​.

However, the proliferation of AI-generated content, particularly deepfakes, underscores the urgent need for regulatory and educational measures to safeguard the integrity of democratic processes. As the political landscape evolves with these technological advancements, the balance between harnessing AI’s potential for positive voter engagement and mitigating its risks through transparency, accountability, and public education becomes crucial​​​​.

Conclusion

The proactive legislation by states like Wisconsin, California, and Washington against the misuse of AI in political campaigns, especially to counter the spread of deepfake content, marks a significant step towards ensuring transparency and accountability in the political sphere. Coupled with the efforts of technology companies and non-profit organizations to foster digital literacy among voters, these actions reflect a widespread acknowledgment of the imperative to protect electoral integrity amidst rapid digital innovation.

As the 2024 elections approach, striking a balance between harnessing AI’s potential to enrich political discourse and guarding against its misuse in misinformation campaigns depends on the collaborative efforts of lawmakers, technology firms, and civil society. Consequently, the outlook for AI’s role in political campaigns is cautiously optimistic, predicated on our collective capacity to adapt and manage the extensive possibilities offered by this transformative technology responsibly.