The New Hampshire state House has passed a bill that would require political ads utilizing deceptive artificial intelligence (AI) to disclose their use of this technology. This contributes to the growing momentum among states to implement AI regulations for safeguarding elections. The bill was approved by the state House without any debate and will now proceed to the state Senate. The need for this bill arose after New Hampshire voters received robocalls in January, prior to the state's primary elections, featuring an AI-generated voice impersonating President Biden. In February, NBC News reported that Steve Kramer, a seasoned Democratic operative, confessed to orchestrating these fraudulent robocalls to draw attention to the risks of AI in politics. The New Hampshire Attorney General's office has stated that these calls violated the state's voter suppression law. Under the new bill, disclosure will be required when deceptive AI is utilized in political advertising within 90 days of an election.
These disclosures will inform viewers that the ad's imagery, video, or audio has been altered or produced using AI and represents speech or actions that did not actually occur. However, the bill does include exemptions for satire and parody. This legislation is part of a wider trend wherein states are introducing bills aimed at regulating AI in election-related content. An analysis by Voting Rights Lab identified over 100 bills in 39 state legislatures that contain provisions designed to manage the potential for AI-generated election disinformation. The digitally-altered robocall featuring Biden in New Hampshire has reignited calls from advocates for the federal government to implement safeguards against the spread of AI-driven election disinformation. In August, under pressure led by the advocacy group Public Citizen, the Federal Election Commission (FEC) unanimously voted to initiate a public comment period to revise a rule concerning fraudulent misrepresentation of candidates, clarifying that it applies to deceptive AI used in campaigns. As of now, the FEC has not announced any further action on this rule. For the latest news, weather, sports, and streaming video, please visit The Hill.
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A version of this story appeared in CNN Business’ Nightcap newsletter.
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