Why Congress Must Act Now to Protect Elections from AI

AI’s growing impact on elections: Artificial intelligence is increasingly influencing electoral processes, creating new opportunities for voter manipulation and deception.

• The 2024 general election is approaching, and AI is already playing a significant role in shaping political communication and voter perceptions.
• Bad actors can use AI to create convincing “deepfakes” – deceptive audio or visual content that portrays false or distorted realities, potentially misleading voters about candidates’ actions or statements.

Recent examples of AI misuse in elections: Several incidents have demonstrated the potential for AI to be used maliciously in electoral contexts.

• In New Hampshire’s 2024 presidential primary, AI-generated robocalls mimicking President Biden’s voice falsely told Democratic voters not to participate in the primary.
• During a Chicago mayoral election, a deepfake social media post falsely depicted a candidate making controversial statements about police brutality, potentially influencing the election outcome.

Potential future threats: As AI technology advances, the risks to electoral integrity are likely to increase.

• AI could be used to create false endorsements from influential figures like Taylor Swift or Elon Musk, potentially swaying large audiences.
• Deepfakes could be employed to falsely show election workers engaging in fraudulent activities, potentially inciting post-election violence similar to the January 6 Capitol attack.

Limited regulatory response: Federal agencies have taken some steps to address AI-related election risks, but their efforts remain insufficient.

• The Federal Election Commission has confirmed that existing laws prohibiting fraudulent misrepresentation of campaign authority apply to AI-generated content.
• The Federal Communications Commission is developing regulations requiring disclaimers on AI-generated political ads for TV and radio, but this doesn’t cover online and streaming platforms.

Proposed legislative solutions: Congress is considering several bills to address AI-related election threats.

• These include the Protect Elections from Deceptive AI Act, the AI Transparency in Elections Act, and the Fraudulent Artificial Intelligence Regulations (FAIR) Elections Act.
• Key proposals involve banning deepfakes in ads featuring candidates or election workers and requiring disclaimers on AI-generated political content across all media platforms.

Urgency of congressional action: Time is running short for Congress to implement effective safeguards before the 2024 election.

• Voters are already being exposed to a high volume of political ads across various media platforms.
• The proliferation of AI-generated content adds an extra layer of complexity to voters’ decision-making processes, potentially leading to frustration and disengagement.

Broader implications for democracy: The unchecked use of AI in elections could have far-reaching consequences for democratic participation and trust in the electoral process.

• There is a risk that voters may become overwhelmed by the challenge of distinguishing between real and AI-generated content, potentially leading to decreased political engagement.
• Swift congressional action is crucial to prevent AI from undermining the foundations of democratic participation in 2024 and beyond.