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1 1 (August 4, 2023)

handle is hein.crs/govemkr0001 and id is 1 raw text is: * Con gressionol Research Service Informing the Iegislative debate since 1914 S August 4, 2023 Artificial Intelligence (AI) in Federal Election Campaigns: Legal Background and Constitutional Considerations for Legislation Introduction Federal campaign finance law does not specifically regulate the use of artificial intelligence (AI) in political campaign advertising. As technology continues to evolve, concerns have grown regarding the use of AI-generated campaign ads and their potential to spread misinformation. At the same time, there are questions about whether regulation of such ads would run afoul of the First Amendment. This CRS In Focus discusses provisions of federal campaign finance law that may be relevant should Congress consider regulating AI-generated campaign ads. It then discusses pivotal Supreme Court rulings on campaign finance law and constitutional considerations for possible legislation. Federal Campaign Finance Law The Federal Election Campaign Act (FECA or Act), codified at 52 U.S.C. §§ 30101-30146, does not specifically regulate the use of AI in political campaign ads. Two FECA provisions, however, may be relevant to this issue: the prohibition on fraudulent misrepresentation of campaign authority and the requirement of disclaimers, which are statements of attribution that appear directly on certain campaign communications. FECA Prohibition on Fraudulent Mrsrepresentation of Campaign Authority FECA prohibits a federal office candidate, including employees and agents of such a candidate, from fraudulently misrepresenting another candidate or political party on a matter which is damaging to such other candidate or political party. The Act further prohibits anyone from fraudulently soliciting campaign contributions whereby the solicitor misrepresents that he or she is fundraising on behalf of a candidate or party. 52 U.S.C. § 30124. On June 22, 2023, the Federal Election Commission (FEC) discussed, but did not approve, a petition asking it to seek comments as to whether the FEC should rule that 52 U.S.C. § 30124 applies to deliberately deceptive artificial intelligence campaign advertisements. The petition, submitted by Public Citizen, asserts that a deepfake audio or video clip made by a candidate that depicts an opposing candidate saying or doing something that did not occur- such as making an offensive comment or accepting a bribe-would violate 52 U.S.C. § 30124. FEC Agenda Document No. 23-14-A. F CA Disclaimer Requirements FECA requires that any public political advertising financed by a political committee-including candidate committees-include disclaimers. FECA and Supreme Court precedent define political committee to include any committee ... or other group of persons that receives contributions or makes expenditures aggregating in excess of $1,000 during a calendar year whose major purpose is to elect federal candidates to office. 52 U.S.C. § 30101(4); see Buckley v. Valeo, 424 U.S. 1, 79 (1976). FECA further defines contribution and expenditure as monies or anything of value for the purpose of influencing any election for Federal office. 52 U.S.C. § 30101(8), (9). For radio and television advertisements by candidate committees, FECA generally requires that the communication state who financed the ad, along with an audio statement by the candidate identifying the candidate and stating that the candidate has approved the message. In the case of television ads, the candidate statement is also required to be conveyed by an unobscured, full-screen view of the candidate making the statement or, if the candidate message is conveyed by voice-over, accompanied by a clearly identifiable image of the candidate, along with a written message of attribution at the end of the communication. 52 U.S.C. § 30120(a). In addition, regardless of the financing source, FECA requires a disclaimer on (1) communications that expressly advocate for the election or defeat of a clearly identified candidate, (2) electioneering communications (defined to include broadcast ads that refer to a clearly identified federal candidate that are run 60 days before a general election or 30 days before a primary), and (3) public communications that solicit contributions. These communications can include ads financed by outside groups, corporations, or labor unions. For such ads, FECA generally requires that a disclaimer clearly state certain contact information of the entity that paid for the communication and that the communication was not authorized by any candidate or candidate committee. In radio and television advertisements, such disclaimers are required to include, in a clearly spoken manner, an audio statement saying who is responsible for the content of the advertising. In television ads, the statement is required to be conveyed by an unobscured, full-screen view of a representative of the entity paying for the ad, in a voice- over, along with a written message of attribution at the end of the communication. 52 U.S.C. § 30120(a), (c), (d). Effective March 1, 2023, the FEC promulgated new regulations that broaden the disclaimer requirements for public internet communications. Previously, the regulations generally required disclaimers on public communications- defined to include ads that are placed for a fee on another person's website-that were made by political committees, contained express advocacy, or solicited campaign contributions. The new regulations specify that

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