PA State Reps Voice Opinion On AI Generated Campaign Ads
By state Reps. Bob Merski, D-Erie; Tarik Khan, D-Phila.; Chris Pielli, D-Chester; and Roni Green, D-Phila.
Political philosopher Hannah Arendt once wrote, “No one has ever doubted that truth and politics are on rather bad terms with each other.”
When she penned those words more than five decades ago, it’s unlikely Arendt could have imagined how much more endangered that relationship would become in the digital world.
Generative artificial intelligence – algorithms used to create images, text, simulations, videos and other content – is revolutionizing certain fields like medicine and bringing breakthroughs in disease diagnosis and treatment. At the same time, because of its capacity to create alarmingly convincing simulations, GenAI in the wrong hands has become a dangerous tool for passing off lies as truth – and one that demands our immediate attention.
In January, New Hampshire voters received a robocall containing fake audio of President Biden urging Democrats to stay home during the state’s upcoming primary election and “save your vote for the November election.” The audio even used one of the president’s signature phrases – “malarkey.”
Although Biden ended up winning the primary, the incident reignited fears of election interference and voter suppression. And while the use of technology to interfere in our elections certainly isn’t a new threat, generative AI’s rapidly advancing capacity to bamboozle voters with seemingly authentic lookalikes and soundalikes is pushing that threat to new levels.
It’s difficult to undo damage caused by fake AI-generated ads and videos that attempt to manipulate voters, paint false pictures of candidates and suppress the vote. How do you convince someone that what they saw and heard with their own eyes and ears was not real? By the time the truth is sorted out – if it’s sorted out – the damage is already done.
Deepfakes like these jeopardize a central tenet of our democracy – the right to choose who we want to represent us. When voters lose the ability to make informed choices and select candidates who reflect their ideas and beliefs, the entire principle of free and fair elections loses its meaning.
The good news is that we don’t have to sit by and do nothing as the malicious use of GenAI endangers our democracy.
Currently, the Federal Election Commission is considering a proposal to limit false AI-generated political content, but the proposal’s future is uncertain. In the meantime, 14 other states have already enacted laws or adopted resolutions to try to address the issue. Pennsylvania needs to do the same to temper the growing threat to our elections and political discourse.
As lawmakers, we’re taking the first step by introducing legislation that would prohibit the fraudulent misrepresentation of a candidate. Under our bill, the dissemination of a campaign ad containing an artificially generated impersonation of a candidate would be prohibited if done without their consent and with the intent to unduly influence the outcome of an election.
Some have argued that imposing these guardrails would violate the right to free speech, but we believe that argument fails. The First Amendment protects false speech, not fraud, and certainly not the kind of fraudulent misrepresentations that manipulate voters and undermine the sanctity of our elections.
Moreover, our bill is narrowly tailored to address the deceptive use of AI during a specific campaign window – 90 days before an election. Courts in the past have not hesitated to step in with special regulations when these have been needed to protect our democracy and the electoral process.
While our democracy may not be perfect, Americans still enjoy access to essential freedoms, including the right to participate in free and fair elections and choose who we want to represent us. But those sacred institutions aren’t invulnerable. As AI grows more sophisticated, new and potent threats are emerging every day.
It’s up to us to rein in those threats. Let’s work to give the relationship between truth and politics a fighting chance.
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State Rep. Bob Merski represents PA’s 2nd Legislative District; state Rep. Tarik Khan represents the 194th Legislative District, state Rep. Chris Pielli represents the 156th Legislative District, and state Rep. Roni Green represents the 190th Legislative District.