November 28, 2024

Artificial Intelligence in Political Campaigns

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The Federal Election Commission (FEC) declined to undertake a notice-and-comment rulemaking process to address the use of artificial intelligence (AI) in political campaign communications, as requested by the consumer advocacy group Public Citizen.
Instead, the FEC adopted an interpretive rule clarifying that existing laws against fraudulent misrepresentation apply regardless of the technology used.
Public Citizen had expressed concerns about the rapid advances in AI technology, such as the use of deepfakes to depict candidates saying or doing things they did not, and had requested the FEC to issue a rule clarifying that such use of deepfakes constitutes “fraudulent misrepresentation” under the Federal Election Campaign Act (FECA) and the FEC’s current rules.
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