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'Intolerable,' Says Watchdog as FEC Promises Decision on Deepfake Rules By 'Early Summer'
"The comments from the FEC chair should sound the alarm for Congress and state legislators: You cannot count on the FEC to defend us from deepfakes," said one advocate. "It's up to you.”
Jan 18, 2024
Federal Election Commission Chairman Sean Cooksey pushed back on criticism this week that his agency is not taking necessary steps to stop political campaigns from using artificial intelligence-generated "deepfake" images in election ads—but a leading advocate said Thursday that Cooksey's defense sent one clear message: Americans can't "count on the FEC to defend us from deepfakes."
After Robert Weissman, president of the consumer advocacy watchdog Public Citizen, said this week that the FEC "hasn't managed to use its existing authority to head off the problem," Cooksey, a Republican, told The Washington Post that the commission is "working on" the issue.
The top elections regulator said the FEC is "diligently reviewing the thousands of public comments submitted" regarding a proposed ban on the use of AI to deliberately misrepresent politicians' words and actions in campaign ads by producing "deepfake" videos, audio clips, and images.
Deepfakes have already been used by the campaigns of former Republican President Donald Trump, who is running for reelection and won his party's Iowa caucus this week, and GOP presidential candidate Ron DeSantis.
"There's no reason for the Federal Election Commission to stand idly by and risk fraud and fakery overwhelming election integrity."
Despite this, Cooksey told The Post that the FEC "will resolve the AI rulemaking by early summer"—after many state primaries are over.
"The FEC's slow-walking of the political deepfake issue threatens our democracy," Weissman said Thursday. "The schedule described by FEC Chair Cooksey means that, even if the agency decides to proceed with a rulemaking on deepfakes, it's not likely to have a rule out in time for the 2024 election. That's intolerable."
"There's no reason for the Federal Election Commission to stand idly by and risk fraud and fakery overwhelming election integrity," added Weissman. "However, there's still time for the agency to expedite its action and get a clear rule in place. It must do so."
Public Citizen submitted multiple petitions to the FEC last year before the commission finally announced in August that it would consider establishing new rules barring campaigns from using deepfakes, making it clear that laws prohibiting candidates from deceiving voters in ads also apply to AI.
Federal lawmakers including Sens. Amy Klobuchar (D-Minn.) and Josh Hawley (R-Mo.) have proposed legislation to ban deepfakes, but party leaders have not yet pushed for a vote on specific bills. The Democratic National Committee has also called on the FEC to take swift action on Public Citizen's petition, but the Republican National Committee has claimed the FEC does not have the authority to regulate AI in campaign ads.
Cooksey's latest remarks, said Weissman on Thursday, "should sound the alarm for Congress and state legislators" who have so far not succeeded in passing legislation to codify a ban on deepfakes in federal law.
"You cannot count on the FEC to defend us from deepfakes," said Weissman, addressing lawmakers. "It's up to you."
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'Our Democracy Demands It': Rights Groups Cheer as Dems Revive Freedom to Vote Act
"We are in dangerous territory," warned one activist. "We must enshrine our democratic freedoms in federal legislation that would blunt the multipronged attacks on our democracy."
Jul 18, 2023
Democracy defenders on Tuesday applauded as Democratic leaders from both chambers of Congress came together to reintroduce the Freedom to Vote Act, which aims to improve voter access and electoral administration, boost election integrity, and increase civic participation and empowerment.
"Today’s introduction of the Freedom to Vote Act is the first step to injecting a renewed commitment to democratic principles," said Christine Wood and Allison Pulliam, co-directors of the Declaration for American Democracy coalition. "We believe every eligible voter should have their vote counted, every candidate should be able to run without caving in to big influence and big money, and every elected official should be beholden to constituents first."
Senate Majority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Hakeem Jeffries (D-N.Y.) joined the bill's sponsors—Sen. Amy Klobuchar (D-Minn.) and Rep. John Sarbanes (D-Md.)—and other Democrats for a Tuesday press conference, during which they condemned MAGA Republicans' attacks on U.S. democracy.
"These attacks demand a federal response," said Klobuchar. "The Freedom to Vote Act will set basic national standards to make sure all Americans can cast their ballots in the way that works best for them, regardless of what ZIP code they live in. This bill will ensure Americans can request a mail-in ballot and have access to drop boxes, have at least two weeks of early voting, and can register to vote on Election Day."
"It's past time for Congress to act and protect Americans' freedom to vote."
While the bill is unlikely to reach the desk of President Joe Biden—who is running for reelection—during this term, given the GOP-controlled House and divided Senate hamstrung by the filibuster, campaigners echoed Democrats' assertions of the need for the bill's reforms.
"It has been 10 years since the U.S. Supreme Court gutted voting rights, and two years since a president attempted to overturn the will of voters to remain in power," noted Public Citizen executive vice president Lisa Gilbert—calling out former President Donald Trump, who is seeking the GOP's 2024 nomination despite inciting the January 6, 2021 insurrection.
"Between the Shelby v. Holder decision and extremists in Congress and state houses—supported by wealthy interests who don't want democracy—we are in dangerous territory," Gilbert warned. "We must enshrine our democratic freedoms in federal legislation that would blunt the multipronged attacks on our democracy."
Stand Up America founder and president Sean Eldridge agreed, declaring that "it's past time for Congress to act and protect Americans' freedom to vote. As MAGA Republicans continue to erect barriers to the ballot box, particularly for communities of color, we need national standards to ensure voting access for every American, no matter where they live."
Cliff Albright, co-founder and executive director of Black Voters Matter, said that "the reintroduction of the Freedom to Vote Act is essential to overcoming the obstacles of new voter suppression laws we see taking shape every day in states like Mississippi, Alabama, Florida, and Georgia. In addition to the wave of voter suppression laws seen in 2021 and 2022, this year has seen hundreds of additional voter suppression bills attempted, and at least 11 states have passed such restrictions."
"Just yesterday, lawmakers in Alabama voted to advance a new congressional map that does not include a second majority-Black district, completely ignoring the U.S. Supreme Court's recent ruling that mandates the state's maps must include this majority-Black district," he pointed out. "The fight for our rights is playing out on the state level and continues to permeate our daily lives in the South. That is why national legislation that is pro-voter and anti-corruption is absolutely necessary at this moment in history."
A coalition of climate and environmental groups—Clean Water Action, Climate Hawks Vote, Earthjustice, Endangered Species Coalition, Greenpeace USA, Interfaith Power & Light, League of Conservation Voters, National Wildlife Federation, Natural Resources Defense Council, Sierra Club, Union of Concerned Scientists, and WE ACT for Environmental Justice—also celebrated the bill's reintroduction.
"While we recognize that our democracy has never truly worked for all Americans, the Freedom to Vote Act will help move us closer to the mountaintop, where every American has equitable access to the ballot, and a brighter light will shine on the fossil fuel billionaires and corporations who pour big money into anti-environmental politicians and misleading ads hampering our ability to combat the climate crisis," the coalition said.
Trevor Potter, president of Campaign Legal Center and a Republican former chairman of the Federal Election Commission, highlighted that "the aims of the Freedom to Vote Act—prohibiting partisan gerrymandering, protecting the freedom to vote, and increasing the transparency of money spent in federal elections—are supported by a significant majority of Americans, regardless of party."
While opposition to the Freedom to Vote Act has mostly come from GOP lawmakers, some Democrats have helped block it. Early last year, Democratic right-wing Sen. Joe Manchin (W.Va.), who is suspected of considering a 2024 presidential run, and Sen. Kyrsten Sinema (Ariz.), who switched from Democrat to Independent in December, teamed up with Republicans to kill a proposed change to the Senate filibuster that would have cleared the way for passing a voting rights package.
At the time, lawmakers were fighting to pass a megabill that included not only the Freedom to Vote Act but also the John R. Lewis Voting Rights Advancement Act, legislation named for a late Democratic congressman and civil rights icon. Some campaigners also emphasized the importance of the latter on Tuesday.
"Along with the John R. Lewis Voting Rights Advancement Act's protections against racial discrimination, the Freedom to Vote Act has the best solutions available to strengthen our democracy for all," asserted Michael Waldman, president and CEO of the Brennan Center for Justice at New York University School of Law. "Congress must advance the Freedom to Vote Act. Our democracy demands it."
Leslie Proll, senior director of the voting rights program at the Leadership Conference on Civil and Human Rights, similarly stressed the importance of both bills.
"We urge both chambers of Congress to pass the Freedom to Vote Act so we can build a multiracial democracy that works for all of us," said Proll. "We also look forward to Congress reintroducing and passing the John R. Lewis Voting Rights Advancement Act to restore and strengthen the Voting Rights Act."
Common Cause interim co-president Marilyn Carpinteyro on Tuesday sent a letter to all members of Congress on behalf of her group and its more than 1.5 million members and supporters "in strong support of the Freedom to Vote Act and in strong opposition to the 'American Confidence in Elections' (ACE) Act," which was introduced by House Republicans earlier this month.
"The ACE Act is a giant step backward and would silence the voices of everyday Americans by putting up barriers to voting and by allowing millions of dollars more in secret money to infiltrate our political system," Carpinteyro wrote. "To strengthen free and fair elections and help get big, secret money out of politics, Congress must instead pass the Freedom to Vote Act."
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FEC Urged Again to Act on AI-Generated Deepfakes, 'A Clear and Present Threat to Our Democracy'
"A deceptive deepfake could swing the election results in 2024," the president of Public Citizen warned.
Jul 13, 2023
After recent election cycles dominated by fake news and the "Big Lie," members of Congress and advocacy groups are urging the Federal Election Commission to act on a new disinformation threat: deepfakes.
Advocacy group Public Citizen delivered a second petition to the commission Thursday asking it to issue rules and regulations for governing the spread of false, artificial-intelligence-generated soundbites, images, or videos in the 2024 race.
"Artificial intelligence poses a clear and present threat to our democracy," Public Citizen president Robert Weissman said in a statement. "A deceptive deepfake could swing the election results in 2024. Or a tidal wave of deepfakes could leave voters completely at a loss to determine what's real from what's fake, an impossible circumstance for a functioning democracy."
"What Americans will see on TV throughout the 2024 election cycle is doctored footage of candidates saying or doing things that may well be entirely fabricated."
A deepfake is an AI-generated image, audio, or video that can convincingly stand in for reality. For example, the Republican presidential primary campaign of Florida Gov. Ron DeSantis recently spread a false image of rival candidate former President Donald Trump hugging former White House Coronavirus Task Force chief Anthony Fauci.
Advocates and experts worry that more and more of these images will proliferate as the 2024 race heats up. While now deepfakes have clear flaws that can be identified after careful study, these may become less clear as the technology improves, confusing ordinary viewers and potentially even digital technology experts.
"The integrity of our elections―already imperiled by those who refuse to accept election results that are not in their favor―will now be under constant siege from AI-generated 'deepfakes' in campaign ads," Craig Holman, a government affairs lobbyist for Public Citizen, said in a statement. "What Americans will see on TV throughout the 2024 election cycle is doctored footage of candidates saying or doing things that may well be entirely fabricated."
In particular, Public Citizen warned that a fraudulent image or video could go viral shortly before voters head to the polls in November.
To try and avoid this, the group first petitioned the Federal Election Commission (FEC) in May to "clarify when and how 52 U.S.C. §30124 ('Fraudulent misrepresentation of campaign authority') applies to deliberately deceptive AI campaign ads."
The FEC, however, refused. In a deadlocked 3-3 vote, it rejected the petition without even opening it to public comment, a move Public Citizen said was "highly irregular."
The two arguments offered by the FEC for its actions were that it did not have the authority to regulate deepfakes and that the original petition did not cite the regulation it wanted updated.
In its second petition, Public Citizen addressed both of these issues. It argued that 52 U.S.C. §30124 bars federal candidates or their representatives from "fraudulently misrepresenting themselves as speaking or acting for or on behalf of another candidate or political party on a matter damaging to the other candidate or party."
Deepfakes are precisely this type of fraudulent misrepresentation, Public Citizen wrote:
Specifically, by falsely putting words into another candidate's mouth, or showing the candidate taking action they did not, the deepfake would fraudulently speak or act "for" that candidate in a way deliberately intended to damage him or her. This is precisely what the statute aims to proscribe. The key point is that the deepfake purports to show a candidate speaking or acting in a way they did not. The deepfake misrepresents the identity of the true speaker, which is an opposing candidate or campaign. The deepfaker misrepresents themselves as speaking for the deepfaked candidate. The deepfake is fraudulent because the deepfaked candidate in fact did not say or do what is depicted by the deepfake and because the deepfake aims to deceive the public. And this fraudulent misrepresentation aims to damage the campaign of the deepfaked candidate.
Public Citizen said Rep. Adam Schiff (D-Calif.) and Sens. Ben Ray Luján and Amy Klobuchar (D-Minn.) would also circulate support letters in the House and Senate and ask the FEC to regulate deepfakes.
"Should the FEC fail to take immediate action on this issue, Americans will experience an unprecedented onslaught of misinformation and disinformation in the 2024 election cycle," Lisa Gilbert, executive vice president of Public Citizen, said in a statement. "All we are asking for is honesty―a request that should be readily bipartisan."
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