States Race To Counter AI Fakes Before the 2024 Election

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States Race To Counter AI Fakes Before the 2024 Election
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Bills regulating AI-generated content have largely been met with bipartisan support

ew Mexico Secretary of State Maggie Toulouse Oliver was at a conference on election security last year when she had what she describes as an"oh crap, this is happening" moment. The potential for AI-generated disinformation and deepfakes to disrupt this year’s national elections was the"hottest topic among election administrators" at the event, Toulouse Oliver says, with one terrifying scenario unfolding after another in conversations.

Many of these laws, like New Mexico’s, focus on transparency by requiring disclosures about the use of AI in election-related content. The Florida legislature passed a similar bill in March, requiring a disclaimer on political ads noting that they were"created in whole or in part with the use of generative artificial intelligence." This applies to all content, including audio, video, text, images or other graphics. .

In the spring of 2023, Minnesota became one of the first states to ban the use of AI-generated content in election materials. The new statute prohibits the dissemination of such content if it is created with the intent of hurting a candidate within 90 days of an election. It also criminalizes the dissemination of AI-generated content like deepfakes without the consent of the person depicted.

Despite the flurry of new bills, state officials say they know these efforts are a drop in the bucket. It can take a few clicks to create AI-generated content that reaches millions, and days or weeks to verify and track it down.

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