Countdown to the Election: The Urgent Battle Against Deepfake Political Ads and the Struggle for Regulation

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Authored by Makena Kelly

The Unwilling Battle Against Deepfake Commercials

This week, two developments occurred that heightened my concerns regarding artificial intelligence's influence on the American electoral process:

Initially, WIRED released an extensive report detailing that voters in India were targeted with more than 50 million deepfake audio calls, impersonating various candidates and political personalities. This significant number of deepfakes has led to widespread confusion among voters, who are mistaking these fabricated calls for authentic ones.

This week, the Federal Communications Commission (FCC) revealed plans to contemplate introducing new regulations on AI-generated advertisements, just a short while after it prohibited AI-manipulated robocalls. (AI in this context refers to advertisements that are either made or modified using artificial intelligence.) It raises the question, however, why the FCC stands as the sole federal agency to have endorsed new guidelines concerning AI and election integrity within this year? The recent elections in India serve as a cautionary tale, underscoring the urgency for the United States to advance its regulatory efforts. Yet, it appears the FCC is the only agency taking action.

Let's discuss this.

The political landscape has never been more bizarre or more intertwined with the digital realm. WIRED Politics Lab serves as your navigator through the whirlwind of radical views, conspiracy theories, and misinformation.

The Clock Is Ticking for the US to Eliminate Deepfake Political Commercials

Recall the instance when the Republican National Committee launched an artificial intelligence-created commercial targeting Biden? Or the occasion when a super PAC supporting Florida Governor Ron DeSantis published an AI commercial that imitated ex-president Donald Trump? Nearly a year has passed since the release of these commercials, yet, despite the initial uproar, no fresh legislation regulating AI commercials has been put in place.

In the previous year, Chuck Schumer, the Senate majority leader, began organizing sessions with various stakeholders and experts in the AI sector to address problems related to generative AI. A key concern for him was safeguarding American elections from potential disruptions caused by this technology, especially with November approaching. Although he has released a report and urged senators to enact its recommendations into legislation, little progress has been made beyond these actions.

The Federal Communications Commission (FCC) may not have the same breadth of powers as Congress, yet it has taken more significant actions between them. In February, in reaction to an incident where a robocall mimicked President Joe Biden using generative AI technology, the commission banned its use. On Wednesday, FCC chair Jessica Rosenworcel suggested an expansion of this rule. She recommended that political advertisements on broadcast TV, radio, and certain cable channels should clearly indicate if they incorporate synthetic content.

"Rosenworcel stated that as the availability of artificial intelligence technology increases, it's important for the Commission to ensure that consumers are well aware of its usage," she expressed in a declaration. "I have presented a plan to my peers today, emphasizing that consumers should be informed about the use of AI in the political advertisements they encounter, and I am eager for them to quickly address this matter."

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This is wonderful, however, it's likely that electors will come across a higher number of digital forgeries on the internet than on traditional broadcast platforms. When it comes to online advertisements, the authorities have yet to propose any remedies.

Public Citizen, an advocacy organization, has formally requested the Federal Election Commission to establish regulations that mandate disclosures similar to those enforced by the FCC for every political advertisement, irrespective of the platform used. However, the commission has not yet taken any action. According to a report by the Washington Post in January, the FEC is expected to make a decision by the early part of the summer. Nevertheless, with summer fast approaching, there has been little to no information on progress. Earlier in the month, the Senate Rules Committee approved three pieces of legislation aimed at governing the application of artificial intelligence in election processes, including the requirement for disclosures. However, there's no assurance that these bills will be discussed on the Senate floor soon enough to effect any real change.

For those who are easily frightened, there's a mere 166 days left until the presidential vote. This limited timeframe presents a challenge in achieving any progress with AI transparency initiatives, particularly as the Biden and Trump campaigns, along with other candidates, ramp up their spending on social media advertisements.

In the absence of formal rules, the onus falls on technology firms to safeguard our electoral processes against the spread of false information. This situation doesn't seem to have changed much since 2020, a sentiment I share as well! Though the problem appears new, it's the same players at the forefront. Meta announced in November that political advertisements need to carry warnings if they consist of artificial intelligence-generated materials. While TikTok bans political advertisements, it mandates that users disclose when they post AI-generated content that includes lifelike pictures, sounds, and videos.

What if they commit a significant error? Indeed, figures like Mark Zuckerberg and other technology leaders might be summoned to testify before Congress once or twice, yet it's improbable they will encounter any regulatory repercussions before the election occurs.

The stakes are high, and time is quickly slipping away. Should Congress or any regulatory body decide to provide direction, it must happen soon, within the coming months. If not, pursuing such actions could become futile.

The Discussion Space

In the concluding segment of our podcast episode this week, we invited our audience to share their thoughts on how engaging with political content on the internet has evolved for them since the previous presidential race. Are you directly visiting news websites for information on the elections? How is your interaction with X/Twitter holding up? Or perhaps you're now following newsletters similar to ours? I'm eager to hear your experiences!

Feel free to post a comment directly on the website, or you can reach out to me via email at mail@wired.com.

💬 Share your thoughts in the comment section beneath this article.

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Additional Recommendations for Reading

🔗 Examining the Simplicity of Programming A.I. Chatbots to Disseminate False Information: The New York Times developed a pair of chatbots, one with a liberal bias and the other conservative. Both were programmed to provide biased answers to political inquiries, mirroring the partisan nature of online discussions. (The New York Times)

🔗 Positive Outlook for Biden Regarding Youth Electorate: Although current polls show Biden's popularity among younger voters has decreased since 2020, the situation might not be as bleak as it appears. (The Atlantic)

🔗 A Bold Move by OpenAI: Scarlett Johansson has publicly criticized OpenAI's latest voice technology, highlighting the company's relentless data collection practices. (The Atlantic)

The Scoop

Allow me a moment to boast and rave about my workspace, apologies in advance. This week, our WIRED Politics Lab podcast ascended to the top 20 in Apple Podcast's news category. Additionally, we earned a spot among Amazon Music's top podcasts of the week!

This week, I've returned to the podcast alongside Leah and David to discuss the definitive conclusion of Twitter (now referred to as X, which is quite annoying), the evolution of online political discourse, and how all this connects to the New York–Dublin Portal. Give it a listen right here!

And finally, creating quality content often involves acknowledging when you're not up to date.

That wraps up today's update—thank you for your subscription. Feel free to reach out to me through email, Instagram, X, and Signal at makenakelly.32.

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