Members of the US Senate are sounding the alarm about the threat artificial intelligence poses to elections due to its ability to deceive voters. But the prospects for legislation that can meaningfully address the problem appear uncertain.
In a hearing on Wednesday, the Senate Rules Committee advanced three bills intended to address the AI threat. But the only one with Republican support on the panel would simply create voluntary guidelines for election officials. It goes far from restricting the exploit of AI in elections or even requiring disclosure of its exploit – steps that a growing number of states have already taken.
Sen. Amy Klobuchar, D-Minn., who chairs the Rules Committee and introduced all three measures, said generative AI’s ability to produce misleading images fundamentally threatens fair elections.
“We will see a resurgence of fraud and fraud in our elections,” Klobuchar said. “And whether you’re a Democrat or a Republican, whether you’re a conservative or a liberal, we can’t allow our democracy to be undermined by ads and videos where you literally don’t know if it’s the candidate, the candidate you love, or the candidate you don’t like.” .”
Senate Majority Leader Chuck Schumer called the stakes even higher.
“Our democracy may never recover if we lose the ability to even distinguish between what is true and what is false, as AI threatens to do,” said the New York Democrat, whose appearance at the hearing was a potential signal that he wants to give priority to the issue of legislation.
AI robocalls, images
The dangers posed by AI became clear in February when thousands of voters in New Hampshire received one Robocall with an AI-generated voice impersonating President Joe Biden and urging them not to vote in the state’s upcoming primary election. A Democratic operative working for an opposing candidate has authorized until the calls are ordered.
And last June, Florida Gov. Ron DeSantis’ presidential campaign Approved a video that appears to exploit AI-generated images of former President Donald Trump as Dr. Hugs Anthony Fauci, Biden’s former chief medical adviser who is deeply unpopular with Republican primary voters.
Klobuchar added at the hearing that she wanted to keep the issue out of the “partisan environment.” Blue, purple and red states have recently passed legislation to address the AI threat, she noted. And all three bills Klobuchar has introduced have Republican co-sponsors.
Still, there were signs that partisan politics might be impossible to avoid.
Often Republicans in Congress led by Mike Johnson, Speaker of the House of Representatives of Louisiana have strongly opposed previous Biden administration efforts to curb the spread of political disinformation, saying they violate free speech rights and give too much power to state regulators.
Sen. Deb Fischer, R-Neb., the ranking Republican on the panel, raised similar concerns Wednesday about two of the Klobuchar bills: the Protect Elections from Deceptive AI Act and the AI Transparency in Elections Act.
The Protecting Elections from Fraudulent AI Act would prohibit fraudulent AI video or audio recordings related to candidates for federal office. It was launched by Klobuchar in September and has five co-sponsors, including Sen. Josh Hawley, R-Mo.
The AI Transparency in Elections Act requires that political ads that exploit AI include a statement disclosing the exploit. That measure, introduced by Klobuchar in March, is co-sponsored by Sen. Susan Collins, R-Maine.
The two bills, Fischer argued, “increase the burden of speaking” and are too vague in defining AI, leading to uncertainty about whether penalties might be imposed on a speaker. They also aim to federalize the issue and preempt state law, thereby diminishing state control of elections, Fischer added.
Both measures passed the Rules Committee on Wednesday on party-line votes without Republican support. (The official vote count was 9 to 2 in both cases, as some Republicans who did not attend the hearing voted “no by proxy,” which is not counted as an official vote.)
The third measure, the Preparing Election Administrators for AI Act, passed unanimously out of committee.
It would require the U.S. Election Assistance Commission to consult with the National Institute of Standards and Technology to create voluntary guidelines for election officials on how to protect themselves from the threat of AI in elections, particularly with regard to its exploit by foreign adversaries.
On May 13, Reps. Brian Fitzpatrick, R-Penn., and Chrissy Houlahan, D-Penn., introduced companion legislation in the House.
In the last year or more conditions including Texas, Florida, New York, Michigan, Indiana, Wisconsin, Oregon, Utah, New Mexico and Idaho have all passed laws restricting the exploit of AI in political ads or requiring its disclosure.
