Senate Republican Leader Mitch McConnell (R-Ky.) announced Wednesday he will oppose bipartisan legislation coming out the Senate Rules Committee that would ban the use of artificial intelligence (AI) to create deceptive content about federal candidates to influence elections.
McConnell, a longtime opponent of campaign finance restrictions, warned that the bills coming out of the Rules Committee “would tamper” with what he called the “well-developed legal regime” for taking down false ads and “create new definitions that could reach well beyond deepfakes.”
He argued that if his colleagues on the Rules panel viewed a dozen political ads, they “would differ on which ones were intentionally misleading.”
“The core question we’re facing is whether or not politicians should have another tool to take down speech they don’t like,” he said. “But if the amendment before us extends this authority to unpaid political speech, then we’re also talking about an extension of speech regulation that has not happened in the 50 years of our modern campaign finance regime.”
The Protect Elections from Deceptive AI Act, which would ban the use of AI to create misleading content, is backed by Senate Rules Committee Chair Amy Klobuchar (D-Minn.) and Sens. Josh Hawley (R-Mo.), Chris Coons (D-Del.), Susan Collins (R-Maine), Michael Bennet (D-Colo.) and Pete Ricketts (R-Neb.).
But McConnell, citing testimony from Sen. Bill Hagerty (R-Tenn.), said he definitions in the bills to crack down on deepfakes are “nebulous, at best, and overly censorious if they’re applied most cynically.”
“They could wind up barring all manner of photos and videos as long as the ill-defined ‘reasonable person’ could deduce an alternative meaning from the content,” he said.
The Rules Committee also marked up Wednesday the AI Transparency in Elections Act, which requires disclaimers on political ads with images, audio or video generated by AI and the Preparing Election Administrators for AI Act, which requires federal agencies to develop voluntary guidelines for election offices.
McConnell said the proposal to require new disclaimers could be used to regulate content, which he opposes.
“I also have concerns about the disclaimer provisions and their application. Our political disclaimer regime has for its entire history served a singular purpose: to help voters understand who is paying for or endorsing an advertisement. It has never been applied to political advertisements as a content regulation tool,” he said.
He urged his colleagues to spend more time on the issue to reach consensus and announced he would oppose the AI-related bills moving forward.
“Until Congress reaches a consensus understanding of what AI is acceptable and what is not, leading with our chin is not going to cut it in the domain of political speech. So I will oppose S. 2770 or S. 3875 at this time. And I would urge my colleagues to do the same,” he said.
