[From the NTIA - Aug 11, 2023]
REG 2023-02 (Artificial Intelligence in Campaign Ads) Draft Notification of AvailabilityThe Commission approved a Draft Notification of Availability in response to a Petition for Rulemaking filed by Public Citizen. The Petition asks the Commission to amend its regulation on the fraudulent misrepresentation of campaign authority to make it clear that the related statutory prohibition applies to deliberately deceptive Artificial Intelligence (AI) campaign advertisements. The Commission seeks written comment on the Petition. The Notification will be published in the Federal Register at a future date along with the deadline for comments.
The FEC was created to promote confidence and participation in the democratic process. The mission of the FEC is to protect the integrity of the federal campaign finance process by providing transparency and fairly enforcing and administering federal campaign finance laws.
On October 13, 2023, the Center for AI and Digital Policy submitted detailed comments to the Federal Election Commission regarding the use of AI for campaign advertising. Here are excerpts:
CAIDP supports the petition for rulemaking submitted by Public Citizen. The Commission should amend its regulation on fraudulent misrepresentation of campaign authority to make clear that the related statutory prohibition applies to deliberately deceptive Artificial Intelligence campaign advertisements and public communications.
In our comment below we underscore the unique risks of generative AI and machine learning systems and how these unique risks set these techniques apart from other communications and social media technologies that may be used for campaign ads.
We recommend (1) the FEC issue a policy statement pertaining to “fraudulent misrepresentation” arising out of the use of generative AI systems and (2) the FEC assign legal liability to actors who use generative AI in “public communications” and campaign advertisements without attribution.
Unique Risks of Generative AI
Transparency is a fundamental obligation in Established AI Governance Frameworks
Public Citizen launched the campaign that resulted in the decision of the FEC to begin the rulemaking on AI and Campaigns Ads.