politics

Voters face uneven AI deepfake protections

Americans across the country could have very different experiences with AI deepfakes leading up to Election Day, thanks to a patchwork of state rules.

Voters face uneven AI deepfake protections

TL;DR

  • A patchwork of state rules creates inconsistent experiences for voters regarding AI deepfakes.
  • 29 states have AI election deepfake laws; two others have had laws permanently enjoined.
  • Some states, like Minnesota and Texas, prohibit political deepfakes before elections, while Maryland has a year-round ban.
  • Other states require disclosures when AI is used in political ads, with some demanding detailed information about the deepfake's creation and editing.
  • California and Hawaii's AI deepfake laws were struck down on First Amendment grounds but are pursuing alternative disclosure measures.
  • Federal lawmakers have not established a baseline standard for election AI deepfakes, though the Take it Down Act addressed non-consensual intimate imagery.
  • House Democrats plan to push legislation next year specifically targeting election deepfakes if they regain power.