In 2016, the world was awakened to the power of social media interference during elections. Fast forward to 2024, and another threat looms large: the use of artificial intelligence (AI) to deceive and disenfranchise voters. Recent incidents involving deepfake robocalls and AI-generated images have prompted U.S. Rep. Shontel Brown to take action.
In January, a fake Joe Biden robocall, generated using AI technology, was used to discourage New Hampshire Democrats from voting in the state’s presidential primary. Last July, a super PAC supporting Florida Gov. Ron DeSantis' campaign used an AI version of Donald Trump’s voice in an anti-Trump television ad. These instances demonstrate the potential danger posed by AI in manipulating election-related content.
To address this growing threat, Rep. Brown, a Democrat from Ohio, has introduced the Securing Elections from AI Deception Act. This legislation aims to require disclaimers on election-related content generated by AI and make it illegal to use AI to deprive or defraud individuals of their right to vote. Brown highlights the targeting of Black voters with AI-generated images as an area of concern.
“I am especially concerned that deepfake images, audio, and video will be used to target Black and minority voters whose voting rights have historically and consistently been under threat,” said Rep. Brown. She further emphasized the dangerous combination of 21st-century technology with old-fashioned voter suppression and misinformation.
The proposed legislation would bar developers and deployers of artificial intelligence from intentionally using AI to deceive or defraud individuals of their voting rights. It would also prohibit the use of deception, threats, intimidation, fraud, or coercion to interfere with an individual’s right to register, vote, support a candidate, or serve as an election worker.
The bill, endorsed by organizations such as the NAACP, the Lawyer’s Committee for Civil Rights Under Law, and NETWORK Lobby for Catholic Social Justice, would apply to federal, state, and local elections and be enforced by the Federal Trade Commission. Violators would face fines or imprisonment.
Cedric C. Haynes, Vice President of Policy and Legislative Affairs for the NAACP, expressed concern about the potential for generative AI to deceive and disenfranchise voters. As we strive for a fair and transparent electoral system, the misuse of AI technology must not be allowed.
It is not just Ohio Democrats who are taking action against AI deception. Ohio legislators in Columbus have drafted bills cracking down on “malicious deepfakes.” These are synthetic videos or recordings created using AI that depict real people in a false, demeaning, or sometimes sexualized light. The proposed legislation would enable victims to seek damages from those responsible for creating or distributing such media without consent.
As the use of AI in creating deceptive election content becomes more prevalent, it is crucial to have legislation that safeguards the democratic process. The Securing Elections from AI Deception Act, if passed, will serve as an important step towards ensuring fair and transparent elections for all.
The threat of AI deception is no longer theoretical; it is a malevolent presence that we must address urgently. By combining the power of technology with proactive legislation, we can protect the integrity of our elections and preserve democracy for generations to come.
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