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October 03, 2023

Rep. Schiff, Sens. Luján, Klobuchar Write Letter Urging FEC to Regulate Deceptive AI

Washington, D.C. — Today, Representative Adam Schiff (D-Calif.) and Senators Ben Ray Luján (D-N.M.) and Amy Klobuchar (D-Minn.) sent a letter to the Federal Election Commission (FEC) in support of their unanimous decision to advance Public Citizen’s petition requesting rulemaking to address the use of generative artificial intelligence (AI) in deceptive campaign advertisements. The letter also urges the Commission to use its authority to regulate the use of generative AI in campaign advertisements for fraudulent misrepresentation.

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

“As Members of Congress concerned about the ability of generative AI to significantly disrupt the integrity of our elections, we respectfully request that the FEC explicitly clarify that prohibitions set forth in statute (52 U.S.C. §30124) apply to deliberately deceptive content in campaign advertisements created by generative AI. We further urge the Commission to require disclaimers on campaign advertisements that include content created by generative AI,” the Members added.

Schiff is a leading voice in advocating for policies to prevent the spread of election disinformation, including the need to curtail misleading deepfakes on social media platforms ahead of the 2020 election.

The letter was signed by Representatives Colin Allred (D-Texas), Jake Auchincloss (D-Mass.), Earl Blumenauer (D-Ore.), Jamaal Bowman (D-N.Y.), Julia Brownley (D-Calif.), Sean Casten (D-Ill.), Angie Craig (D-Minn.), Jasmine Crockett (D-Texas), Jason Crow (D-Colo.), Chris Deluzio (D-Pa.), Anna G. Eshoo (D-Calif.), Adriano Espaillat (D-N.Y.), Glenn F. Ivey (D-Md.), Pramila Jayapal (D-Wash.), Hank Johnson (D-Ga.), Derek Kilmer (D-Wash.), Summer Lee (D-Pa.) James P. McGovern (D-Mass.), Markwayne Mullin (R-Okla.), Eleanor Holmes Norton (D-Washington, D.C.), Brittany Pettersen (D-Colo.), Mark Pocan (D-Wis.), Katie Porter (D-Calif.), Jamie Raskin (D-Md.), C.A. Dutch Ruppersberger (D-Md.), Jan Schakowsky (D-Ill.), Kim Schrier (D-Wash.), Bobby Scott (D-Va.), Mike Thompson (D-Calif.), Paul Tonko (D-N.Y.), Lori Trahan (D-Mass.), Juan Vargas (D-Calif.), and Nikema Williams (D-Ga.).

The letter was also signed by Senators Tammy Baldwin (D-Wis.), Michael Bennet (D-Colo.), Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Ben Cardin (D-Md.), Chris Coons (D-Del.), Mazie Hirono (D-Hawaii), Tim Kaine (D-Va.), Angus King (I-Maine), Jeff Merkley (D-Ore.), Alex Padilla (D-Calif.), Bernie Sanders (I-Vt.), Chris Van Hollen (D-Md.), Mark Warner (D-Va.). Peter Welch (D-Vt.), and Sheldon Whitehouse (D-R.I.)

It was endorsed by Common Cause, CREW, and Public Citizen.

 

The full letter can be found here and below:

 

Dear Ms. Stevenson,

We write today in support of the Federal Election Commission’s unanimous decision to advance Public Citizen’s petition requesting rulemaking to address the use of deceptive campaign advertisements through generative artificial intelligence (AI). As the 2024 Presidential election quickly approaches, we urge the Commission to use its authority to regulate the use of generative AI in campaign advertisements and protect the democratic processes that serve our country.

Quickly evolving AI technology makes it difficult for voters to accurately identify fraudulent video and audio material, which is increasingly troubling in the context of campaign advertisements. Additionally, the threat posed by deceptive campaign advertisements created by generative AI is heightened by the ability for such content to be widely disseminated at an unprecedented speed through social media and other online forums.

As you know, current law prohibits candidates for federal office or their employees or agents from fraudulently misrepresenting themselves as speaking or acting for or on behalf of another candidate or political party on a matter damaging to the other candidate or party. Deliberately deceptive content in campaign advertisements created by generative AI directly violates this provision of the law, as it would constitute a candidate “fraudulently misrepresent[ing]” themselves to voters.

As Members of Congress concerned about the ability of generative AI to significantly disrupt the integrity of our elections, we respectfully request that the FEC explicitly clarify that prohibitions set forth in statute (52 U.S.C. §30124) apply to deliberately deceptive content in campaign advertisements created by generative AI. We further urge the Commission to require disclaimers on campaign advertisements that include content created by generative AI.

Thank you for your attention to this important matter.

 

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