Artificial intelligence-generated content has become a cause for concern on Capitol Hill, as a fake Joe Biden robocall issued ahead of the New Hampshire primary heightened worries about the impact of deepfakes on elections. However, there is uncertainty surrounding whether Congress will take action to combat this issue before the upcoming general election.
Nebraska Senator Deb Fischer, the top Republican on the Rules Committee, expressed doubt about passing legislation on deepfakes in time for the election due to various challenges faced on the Hill. Senator Elizabeth Warren blamed Republicans for the delay, citing opposition from some members of the party. Meanwhile, Senator Brian Schatz of Hawaii, who has been working on a bill requiring clear labels on AI content, emphasized the alarming prospect of deepfakes influencing the election.
Experts believe that the fake Biden robocall was likely an AI-generated deepfake. State lawmakers across the country have already introduced 13 bills this year focusing on AI and deepfakes. The situation in New Hampshire served as a real-life example of the types of deepfakes that could impact the 2024 election, which may feature a rematch between Biden and Donald Trump.
In September, Senate Rules Chairwoman Amy Klobuchar, along with senators from both parties, introduced legislation aiming to ban the use of deceptive AI-made content to manipulate elections. This bill would allow exemptions for parody and satire under the First Amendment, but it would prohibit the use of deepfakes by political campaigns to raise funds or influence elections.
Klobuchar believes that addressing deepfakes should be a priority and hopes to include the issue as part of a comprehensive AI legislative package. Senator Susan Collins, a co-sponsor of the bill, highlighted the ease with which AI can be used to imitate voices or create fake videos. The New Hampshire robocalls have provided further motivation for advancing the bipartisan effort.
While momentum was building for AI regulations, progress slowed as lawmakers shifted their focus to other pressing matters. Senate Majority Leader Chuck Schumer is now working on a comprehensive legislative package on AI, which covers a wide range of issues beyond deepfakes and election interference. Some senators advocate for prioritizing urgent aspects of the package, such as protecting against deepfakes in political campaigns.
As the technology behind deepfakes continues to improve, Senator Josh Hawley warned about the increasing realism of videos and the challenges of distinguishing between real and fake content. It remains to be seen whether Congress will take decisive action against deepfakes before the 2024 election.
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