New US rules on AI in political ads may not be ready before election

The United States Federal Communications Commission (FCC) has introduced a proposal that would require political advertisers to disclose their use of advertising. artificial intelligence in radio and television ads, although it is unclear whether the new rules will come into effect before the presidential election in November.

The proposed rules announced Thursday could add a level of transparency political campaigns that some watchdogs have called on to help inform voters about AI-generated content in ads.

“There is too much potential for AI to manipulate voices and images in political advertising to not take action,” the agency’s chairwoman, a Democrat, said Thursday. Jessica Rosenworcel, in a press release. “If a candidate or campaign on a particular issue used AI to create an ad, the public has a right to know.”

However, the FCC’s move falls within a federal turf war over the regulation of AI in politics. The proposal has faced opposition from the chairman of the U.S. Federal Election Commission (FEC), who has previously accused the FCC of encroaching on his agency’s authority and has warned he may take it to court.

Candidates and political parties from the United States and around the world They have already experimented with generative AI toolsWhile some have voluntarily disclosed their use of this technology, others have used it to deceive voters.

The FCC is proposing to require broadcasters to ask political advertisers whether their content was created using AI tools, such as those that create text from images or voice cloning software. The agency also plans to require broadcasters to issue a live message when AI-generated content is used in a political ad and to include a notice disclosing the use of AI in their online political filings.

The commission acknowledges that it would have no authority over streaming – that is, the transmission of content in real time – which would leave the growing streaming sector unregulated at the federal level. political advertising on digital and streaming platforms.

Following the commission’s 3-2 vote, the proposal will go to a 30-day public comment period, followed by a 15-day response period. Commissioners must then finalize and approve the rule. It is unclear whether there will be time for it to come into force before the presidential elections, for which there are just over three months left.

Jonathan Uriarte, Rosenworcel, a spokesman, said the president “intends to continue the regulatory process, but has made clear that the time to act is now.”

After what Rosenworcel announced his proposed regulations in May, the FEC chairman, the Republican Sean Cookseysent her a letter to warn her against the measure.

“I am concerned that some parts of your proposal fall within the exclusive jurisdiction” of the FEC and “could directly conflict with existing law and regulations, and sow chaos in political campaigns for the upcoming elections,” he wrote.

If the FCC goes ahead, it could create “irreconcilable conflicts” among the agencies that could end up in federal court, he noted in the letter.

A Republican FCC commissioner, Brendan Carragreed with Cooksey and voted against the proposal. In a statement, Carr argued that the measure was illegal and problematic so close to a presidential election, since the regulation is likely to take effect after early voting has already begun in many places.

“Far from promoting transparency, the FCC’s proposed rules would mire voters in confusion, create an incoherent set of rules, and encourage partisan and profit-making interests to weaponize the law for electoral advantage,” Carr wrote.

But the vice chair of the FCC, the Democrat Ellen Weintraubhas supported the proposal, saying in a June letter to Rosenworcel that “no agency currently has the jurisdiction or capacity to address all aspects of this vast and complicated issue.”

Cooksey said in a statement Thursday that the FCC should “abandon this misguided proposal.”

“All Americans should be concerned that the Democrat-controlled FCC is moving ahead with its radical plan to change the rules on political ads just weeks before the general election,” he said. “These vague rules would not only intrude on the FCC’s jurisdiction, but would also be a threat to the public’s ability to vote on the FCC’s political ads. Federal Election Commissionbut would sow chaos in political campaigns and confuse voters before they head to the polls.”

The FCC maintains that it has authority to regulate on the issue under the Communications Law of 1934 and the Bipartisan Campaign Reform Act.

Robert Weissmanco-chair of the advocacy group Public Citizen, said he supports the FCC’s proposed rule because the United States “is heading toward an election that could be distorted, or even decided, by digitally manipulated political videos.”

The representative Joseph Morelle New York’s top Democrat on the House Administration Committee, praised the FCC, saying in an emailed statement that “it is vital that our federal agencies work to ensure that voters can discern fact from fiction.”

Congress has not passed laws telling agencies how to regulate AI in the policy arena. Some Republican senators have introduced bills to block the Democratic-led FCC from issuing its new rules. Meanwhile, the FEC is considering its own petition on regulating deepfake videos in political ads.

In the absence of federal measures, more than a third of states have created their own laws to regulate the use of AI in campaigns and elections, according to data from the National Conference of State Legislatures.

In February, the FCC ruled that robocalls containing AI-generated voices are illegal, a step that empowers the commission to fine companies that use AI voices on your calls or to block service providers that transmit them.