The political ad aired in Iowa ahead of the country’s first Republican primary. It had audio of Donald Trump attacking the state’s popular Republican governor. To the unsuspecting viewer, the audio may sound like Trump’s voice, but it was a fabrication by a pro-Ron DeSantis super PAC using artificial intelligence.
If fake news is a problem in America politics, AI might take “alternative facts” to a new dystopian level. Luckily, Florida is among the states that are considering regulating the use of this technology. Lawmakers have filed at least three bills ahead of the 2024 legislative session starting this month.
The most consequential of them would be Senate Bill 850. It would require that political ads using AI “to depict a real person performing an action that did not actually occur” state “prominently” that the ad was created “in whole or in part with the use of generative artificial intelligence (AI).”
The Legislature could try to ban such ads but that would likely run into free speech challenges under the First Amendment.
Lawmakers have filed other legislation to create a statewide AI advisory council and make people liable if they use AI to depict someone in a “false light.”
Don’t wait for Congress
Ideally, Congress should pass nationwide legislation to regulate the use of AI, especially with the 2024 elections around the corner. A group of Democratic U.S. senators introduced a bill similar to SB 850 in May. Given the inaction that normally afflicts a divided Congress, it will likely be up to states to crack down on technology that can further undermine Americans’ trust in what they hear or see online and on TV. While AI has its many positive uses, it jeopardizes our understanding of what reality and facts — already on shaky ground — are.
In the past five years, 30 states have passed more than 50 laws addressing AI in some capacity, according to the Brennan Center for Justice. Last year, Michigan’s Democratic-controlled Legislature passed a law similar to SB 850. While the Florida bill was filed by Republican Sen. Nick DiCeglie, and its House version was filed by Hialeah Republican Rep. Alex Rizo, it is unclear whether it will advance in the GOP-controlled Florida Legislature. No legislative committees have heard the legislation.
The ad attacking Trump by the pro-DeSantis super PAC Never Back Down was not the only time Republicans have used AI. The Republican National Committee in April released an AI-generated ad that depicted America’s future under President Joe Biden.
Prominent disclaimers
There were fake but realistic photos of boarded-up storefronts and military patrols in the streets. There was a disclaimer that the ad was “built entirely with AI imagery” but it was small, probably on purpose. SB 850 would require those disclaimers be prominent but what that means exactly seems to be up for debate.
Given the political advantages of using AI, what, then, is the incentive for Florida Republicans to pass SB 850 when they control state government without much competition from Democrats? Certainly, they must do the right thing and protect voters from fake but realistic images and audio. But the best appeal to them may be that if they can use AI in their own ads, AI also may be used against them in ads from opponents.
Americans have caught a glimpse of where the intersection of AI and politics can lead the county. The Florida Legislature has a chance to take action. The time to prevent the most nefarious uses of this technology is now.
