The Wisconsin State Assembly passed AB664 Feb.15 concerning the use of artificial intelligence in political campaign advertisements. The primary component of the bill requires a written disclaimer for any audio and video content that is manipulated or generated by artificial intellegence.
For instance, a candidate may use AI-generated content such as a deepfake — synthetic media in which a person’s likeness is manipulated, according to AP News — may be used in political advertisements to depict an opponent. This is just one example of the many possible issues related to AI that have been causing concern for people across the political spectrum, according to State Rep. Clinton Anderson (D-Beloit), who introduced the bill at the end of 2023.
“We just want to make sure that people see things that are real,” Anderson said. “We also think that for things like deep fakes, it’s really hard to tell what is and what is not real and whether it’s positive or negative, we don’t want people to be misled.”
While this bill is a step forward for controlling the growing technology, it is still just one step in the broader implications of AI. The altering of images and videos is not a new occurrence. For instance, Time magazine edited a picture of OJ Simpson’s mug shot in 1994 to make his skin appear darker, according to reporting by The New York Times. This long-standing issue is only poised to grow with AI, as it facilitates more effortless, rapid and advanced modifications of images, videos and audio, University of Wisconsin expert in political communication Dietram Scheufele said.
AI is unique in comparison to other technologies because its content may be entirely indistinguishable from reality, Scheufele said. In the wrong hands, this can be used to spread disinformation — inaccurate information intentionally spread to manipulate people. Increased usage of AI will allow for advertisements created to potentially alter a campaign outcome, according to Scheufele.
Beyond that, Scheufele said AI advertisements could be used to derail the democratic process all together.
“[There are] tons of applications that we aren’t even thinking about and that allow tailoring from people that are not going to be regulated by the FEC, DNC or RNC, but they’re going to be nefarious actors that have an interest in derailing democracy or politics rather than getting a candidate elected,” Scheufele said.
It is especially difficult to create ethical regulations for AI, not only due to the complexities of the technology, but also because of evolution within social standards, according to Pew Research Center. But, states across the U.S. have begun to enact legislation to monitor its usage. As of February 2024, there were thirty-one states that either enacted or proposed legislation aimed at AI, according to BLCP, a business consulting firm that tracks legislation relating to AI.
In Wisconsin, AB664 builds upon these previously passed legislations, but is unique in the way that this bill is content neutral, according to Anderson. This bill will require a disclaimer for all AI in political ads regardless of the message that is being displayed, rather than focusing solely on ads that are deemed as harmful or negative. Instead of placing the responsibility of determining which ads are considered positive or negative, this bill ensures that all information created from AI is disclosed, Anderson said.
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Anderson also said the bill may act as model legislation for other states to modify to their particular needs so it is crucial that it continues through the legislative process.
The bill was introduced and supported by legislators on both sides of the political aisle and was passed unanimously by the Wisconsin State Assembly Committee on Campaigns and Elections.
“This is the best approach we had. Some people wanted to ban [AI use in political advertising], but we wanted to make sure there was something that could withstand a court challenge,” Anderson said.
Scheufele said that in the long run, AI has the opportunity to cause harm to the credibility of information not only related to political campaigns, but for all online content. The information environment may become overwhelmingly saturated with AI-generated content in the forms of writing, audio and video that makes facts and evidence indistinguishable from completely artificial content.
In the same way society depends on the internet, AI will proliferate all aspects of life. Soon this technological growth will gain a sense of normalcy. While it will take time, people — especially younger generations — will grow accustomed to and expect to see AI-generated content appearing throughout their life, Scheufele said.
AB664‘s companion bill in the Wisconsin State Senate SB644 is currently available for scheduling. Anderson predicts that strong bipartisan support for the bill indicates it will pass and become law.
