September 17, 2024
Washington, D.C.— Today, Representatives Adam Schiff (D-Calif.), Brian Fitzpatrick (R-Penn.), Derek Kilmer (D-Wash.), and Lori Chavez-DeRemer (R-Ore.) introduced a landmark bipartisan bill to combat fraudulent advertisements in elections. The AI Ads Act would prohibit fraudulent misrepresentation of political candidates or committees through content generated by artificial intelligence (AI), as well as codify bipartisan recommendations made by the Federal Election Committee (FEC).
“As AI tools begin to change political advertising in profound ways, our laws must adapt in turn,” said Rep. Schiff. “Election safety and AI experts agree – we need to protect ourselves from fraudulent misrepresentation of candidates, campaigns, or causes by AI. We’ve already seen the very real implications of these kinds of false advertisements, and with the November election just around the corner, this work could not be more urgent.”
“Safeguarding the integrity of our elections is a responsibility that transcends party lines. As technology rapidly evolves, so must our defenses against those who seek to deceive voters and undermine our democratic process. Since my first day in Congress, I have made it my mission to champion election reform, and our bipartisan AI Ads Act is a decisive step forward in that fight. Our legislation will shield the American people from the dangers of deceptive AI-generated content, ensuring our elections remain free, fair, and true to the will of the American people. This is not a partisan or controversial issue—it’s about restoring faith and upholding the trust that voters place in our democracy, a commitment I will never waver from,” said Rep. Fitzpatrick.
“In an era where artificial intelligence can blur the lines between truth and fiction, Congress should safeguard the integrity of our electoral process,” said Rep. Kilmer. “The AI Ads Act, grounded in recommendations from the Federal Election Commission, would ensure that fraudulent misrepresentation in political campaigns, whether by humans or AI, is prohibited. By expanding the scope of these prohibitions, Congress has the power to fortify our electoral system against domestic and foreign manipulators. Our democracy deserves no less.”
“Artificial intelligence is rapidly becoming more powerful and popular, and while it certainly poses a lot of benefits and opportunities, it also brings significant challenges that we must address. As policymakers, it’s our responsibility to prevent harmful activity – especially activity that could negatively impact our democratic process,” said Rep. Chavez-DeRemer. “Oregon has already taken steps to establish AI parameters for political campaigns, and we need to act quickly to implement such standards nationwide. I’m honored to co-lead the AI Ads Act, which would put in place bipartisan, commonsense guidelines to prevent the spread of deceptive advertising.”
Specifically, Schiff’s AI Ads Act would:
- Extend the prohibition of fraudulent misrepresentation, for solicitation of funds or otherwise, to content generated in whole or in part by AI;
- Revise the prohibitions on fraudulent misrepresentation of campaign authority to encompass all persons purporting to act on behalf of candidates and real or fictitious political committees and political organizations; and
- Remove the requirement that the fraudulent misrepresentation must pertain to a matter that is “damaging” to another candidate or political party.
See what leaders are saying about Schiff’s bill:
“Rep. Schiff’s ‘AI Ads Act’ is a necessary legislative effort to address the growing problem of deceptive yet convincing deepfakes in campaign advertisements. The FEC is skeptical whether it has authority to regulate AI fraudulent misrepresentations in ads by candidates. Furthermore, the current law does not apply to outside groups like super PACs. This legislation would make it clear that no political players can use AI in campaign ads to deceive voters. Public Citizen is all onboard,” said Craig Holman, Ph.D., Public Citizen.
“Disinformation and deepfakes are compromising the security and integrity of our elections,” said Debra Perlin, Policy Director for Citizens for Responsibility and Ethics in Washington (CREW). “Artificial intelligence is being used to suppress voting, and deceive the public both here at home and overseas. By prohibiting AI-generated fraudulent misrepresentations in political advertising in U.S. elections, the AI Ads Act takes an important step toward stopping disinformation and safeguarding our democracy. We urge Congress to quickly consider and pass this important legislation.”
“All voters deserve access to trusted information about our elections. However, when campaigns are targeted with false election ads, voters are left in the dark,” said Common Cause President and CEO, Virginia Kase Solomón. “Common Cause thanks Congressman Schiff for introducing the bipartisan AI Ads Act to enhance the Federal Election Commission’s ability to regulate fraudulently misrepresentative generative AI ads to ensure that voters can get trusted information about elections when making their voices heard. We encourage Congress to quickly pass this legislation.”
“The 2024 presidential election will be the first to see artificial intelligence widely used. The very real concern that this technology could be used to manipulate the electoral process and deceive voters will exist long after Election Day. This situation is urgent, which is why Congress must pass the AI Ads Act. This vital, bipartisan legislation would help to ensure AI cannot be used to defraud voters and undermine our democracy,” said Trevor Potter, President of Campaign Legal Center and a Republican Former Chairman of the Federal Election Commission.
“Surveys show that a majority of Americans are rightly concerned that AI can be used to manipulate the outcome of elections. Bad actors might use AI enhanced tools to spread false information by creating highly personalized content that misleads people about conditions at voting sites or misrepresents election law. As we navigate this rapidly evolving technology, the bipartisan AI Ads Act is a crucial component to improving the transparency of American elections and enhancing their integrity. Issue One is grateful to Representative Schiff for spearheading this key effort and to Representatives Fitzpatrick, Kilmer and Chavez-DeRemer for their continued leadership. We urge Congress to consider their proposal,” said Carah Ong Whaley, PhD, Director of Election Protection, Issue One.
Schiff’s AI Ads Act is also cosponsored by Eleanor Holmes Norton (D-D.C.), Nikema Williams (D-Ga.), Kevin Mullin (D-Calif.), André Carson (D-Ind.), Chris DeLuzio (D-Pa.), Doris Matsui (D-Calif.), Paul Tonko (D-N.Y.), Anna Eshoo (D-Calif.), Adriano Espaillat (D-N.Y.), Julia Brownley (D-Calif.), Jake Auchincloss (D-Mass.), Shri Thanedar (D-Mich.), Hank Johnson (D-Ga.), Raúl Grijalva (D-Ariz.), Delia Ramirez (D-Ill.), Hillary Scholten (D-Mich.), Chrissy Houlahan (D-Pa.), and Dan Kildee (D-Mich.).
Schiff’s bill is also supported by Campaign Legal Center (CLC), Citizens for Responsibility and Ethics in Washington (CREW), Common Cause, Issue One, Protect Democracy, and Public Citizen.
Last year, Schiff led a letter to the Federal Election Commission (FEC) expressing disapproval of the decision to not seek public comment on a petition by Public Citizen requesting that the FEC clarify that the existing law against “fraudulent misrepresentation” in campaign ads extends to the use of deceptive AI in ads. Later in the year, Schiff spearheaded another letter to the Federal Election Commission (FEC) in support of their unanimous decision to advance Public Citizen’s petition requesting rulemaking to address the use of generative artificial intelligence (AI) in deceptive campaign advertisements.
To read the full bill text, click HERE.
To read the FEC recommendations, click HERE.
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