Policing AI in Swing States: A Deep Dive into Regulating Political Advertising
The use of artificial intelligence (AI) in political advertising has raised concerns about deepfakes and their potential to interfere with elections. In response, multiple swing states are considering or have passed legislation to regulate the use of AI in the political arena. These regulations aim to strike a balance between free speech and preventing the dissemination of deepfake content.
Swing States Considering Laws
States like Pennsylvania, North Carolina, and Ohio are mulling over laws that would regulate AI in political advertising. Pennsylvania legislators are proposing bills that include creating a registry of companies developing AI software, requiring disclosures of AI content, and banning videos using deepfakes without permission. North Carolina is considering similar legislation, including regulations that would require disclaimers on AI-generated advertisements. Ohio lawmakers have also introduced a bill that mandates disclosures on political ads using AI and allows individuals harmed by deepfakes to take civil action.
Swing States that have Passed Laws
Minnesota, Wisconsin, Michigan, and Arizona have already passed legislation regulating the use of AI in political advertising. These laws impose consequences on offenders, with penalties ranging from fines to forfeiture of office for candidates convicted of deepfake crimes. Each state has unique nuances in their regulations, such as Wisconsin’s requirement for disclaimers at the start and end of AI-generated ads and Arizona’s protection of candidates from certain types of deepfake content.
Swing States with No Laws
Nevada, Georgia, and Virginia have yet to pass laws governing AI in political advertising. However, officials in Nevada and Georgia have shown interest in legislating policies to regulate deepfakes. Nevada Secretary of State Cisco Aguilar is collaborating with the state’s attorney general to provide recommendations for lawmakers, while Georgia lawmakers have introduced bills that aim to criminalize the creation and dissemination of deepfakes with harsh penalties. Virginia, on the other hand, has not passed any laws but Gov. Glenn Youngkin has established a task force to examine the use of AI by public bodies.
Conclusion
In conclusion, the regulation of AI in political advertising is a complex and evolving issue that requires a delicate balance between free speech and protecting the integrity of elections. As swing states grapple with the challenges posed by deepfakes, it is clear that a nuanced approach is needed to address this growing concern. By enacting legislation that regulates the use of AI in political campaigns, states can mitigate the risks associated with deepfakes while upholding the rights of individuals to engage in political speech.
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