Rep. Schiff, Sens. Luján and Klobuchar Write to FEC Disapproving Decision to Reject a Public Comment Request on Use of AI in Campaign Ads
Washington, DC — 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) expressing their disapproval of the recent decision to not seek public comment on a petition by Public Citizen requesting that the FEC clarify that the existing law against “fraudulent misrepresentation” in campaign ads extends to the use of deceptive AI in ads. The letter urges the FEC to reconsider their decision and seek comment from the public on whether this request should move forward in the rulemaking process.
“Deceptive ads created by generative AI can similarly allow candidates to fraudulently misrepresent themselves, disrupting the democratic processes that serve our country,” the members wrote.
“As the 2024 Presidential election quickly approaches, it is imperative that the FEC allow comment on Public Citizen’s petition for rulemaking. It is well within the FEC’s authority to do so, given the Commission’s past issuance of enforcement actions on 52 U.S.C. §30124,” they continued. “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 reconsider its decision and seek comment on whether the Commission should initiate a full rulemaking on a proposal in the Petition for Rulemaking from Public Citizen.”
Schiff has been a vocal advocate 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 Jerry Nadler (D-N.Y.), Anna Eshoo (D-Calif.), Bobby Scott (D-Va.), Earl Blumenauer (D-Ore.), Jim McGovern (D-Mass.), Jan Schakowsky (D-Ill.), Mike Thompson (D-Calif.), Raúl Grijalva (D-Ariz.), Al Green (D-Texas), Doris Matsui (D-Calif.), Hank Johnson, Jr. (D-Ga.), John Sarbanes (D-Md.), Paul Tonko (D-N.Y.), Julia Brownley (D-Calif.), Tony Cárdenas (D-Calif.), Derek Kilmer (D-Wash.), Mark Pocan (D-Wis.), Ted Lieu (D-Calif.), Seth Moulton (D-Mass.), Adriano Espaillat (D-N.Y.), Josh Gottheimer (D-N.J.), Jimmy Panetta (D-Calif.), Jamie Raskin (D-Md.), Colin Allred (D-Texas), Sean Casten (D-Ill.), Angie Craig (D-Minn.), Jason Crow (D-Colo.), Chrissy Houlahan (D-Pa.), Dean Phillips (D-Minn.), Katie Porter (D-Calif.), Jake Auchincloss (D-Mass.), Jasmine Crockett (D-Texas), Chris Deluzio (D-Pa.), Glenn Ivey (D-Md.), Greg Landsman (D-Ohio), Summer Lee (D-Pa.), Kevin Mullin (D-Calif.), Jill Tokuda (D-Hawaii), and Eleanor Holmes Norton (D-Washington, DC).
The letter was also signed by Senators Bernie Sanders (I-Vt.), Sheldon Whitehouse (D-R.I.), Mark Warner (D-Va.), Jeff Merkley (D-Ore.), Michael Bennet (D-Colo.), Cory Booker (D-N.J.), Chris Van Hollen (D-Md.), and Alex Padilla (D-Calif.).
It was endorsed by Common Cause, CREW, Issue One, and Public Citizen.
The full letter can be found here and below:
Dear Ms. Stevenson,
We write today in response to the Federal Election Commission’s (FEC) decision on June 22 regarding a Notice of Availability on a Petition for Rulemaking addressing the use of generative artificial intelligence (AI) in campaign advertisements. We are disappointed in the FEC’s decision not to use its existing authority to seek comment on the proposal from Public Citizen and strongly urge the Commission to reconsider its decision.
On May 16, Public Citizen submitted a petition for rulemaking to clarify that the law against ‘fraudulent misrepresentation’ applies to deceptive AI campaign ads. Quickly evolving AI technology makes it increasingly difficult for voters to accurately identify fraudulent video and audio material, which is increasingly troubling in the context of campaign advertisements.
As Public Citizen notes in their petition, 52 U.S.C. §30124 prohibits candidates 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. Deceptive ads created by generative AI can similarly allow candidates to fraudulently misrepresent themselves, disrupting the democratic processes that serve our country.
The FEC plays a vital role in our democracy as an independent, nonpartisan regulatory agency created to promote confidence and participation in the democratic process. When operating effectively and impartially, the Commission’s sole responsibility of administering and enforcing federal campaign finance law has the potential to protect the integrity of our elections. The FEC’s failure to act can however reduce transparency in our elections and undermine faith in our political system.
As the 2024 Presidential election quickly approaches, it is imperative that the FEC allow comment on Public Citizen’s petition for rulemaking. It is well within the FEC’s authority to do so, given the Commission’s past issuance of enforcement actions on 52 U.S.C. §30124.
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 reconsider its decision and seek comment on whether the Commission should initiate a full rulemaking on a proposal in the Petition for Rulemaking from Public Citizen. Should you decline this request, please provide a detailed summary and justification as to why you reached that decision.
Thank you for your attention to this important matter.
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