Administrative/Regulatory,
Technology
Sep. 15, 2023
FEC regulation of deepfakes will not meaningfully protect voters from misinformation
Absent an act of Congress, the FEC has no statutory authority to regulate deepfakes by non-candidate actors.
Andrew H. Werbrock
Founding partner
Olson Remcho LLP
He counsels candidates, PACs, corporations and nonprofits on compliance with campaign finance and election laws.
Last month, the Federal Election Commission took a first step towards regulating AI-generated "deepfakes" in connection with federal elections. In response to a petition for rulemaking submitted by Public Citizen, the Commission issued a "notification of availability" seeking comment on whether and how the Commission should regulate the use of artificial intelligence and deepfake technology by federal candidates "to create convincing images, audio, and video hoaxes."...
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