FEC to Consider AI Regulation in Election Ads

The Federal Election Commission has agreed to investigate whether AI assistance should be regulated in the context of federal elections -- presumably in time for the 2024 campaign season. Some states have already taken steps with respect to AI campaign messaging, and AI has been used in campaign ads in Canada. AI campaign ads are already in use in connection with the Republican presidential primary, which is the first big campaign opportunity in the US since AI tools started entering the mainstream.  

Why It Matters

The FEC already prohibits "fraudulent misrepresentation" in campaign communications. It is not clear whether that language pre-empts the need for specific AI regulations. A public interest group, however, petitioned the agency for new rules and the agency has agreed to allow public comment on the petition.  

If the public interest seems to fall toward regulation of AI, the agency presumably could draft rules that require disclosing when campaign messages are AI-generated, or could double down on anti-fraud rules in campaign messaging. Any rules would have to be balanced with First Amendment and other protections of speech and expression.