Welcome to the second edition of Politics of AI. I hope you enjoyed your Memorial Day and were able to reflect on our Veterans’ many sacrifices.

A New Rule

The Federal Communications Commission (FCC) announced that it is pursuing a new rule which would require a disclaimer in any TV or radio ad that is created with the aid of AI. This decision comes a week after the Senate rules committee approved legislation regulating election materials created with the assistance of AI.

Notably, the FCC has no jurisdiction over videos on streaming services, the primary way many Americans consume media.

The new rule would apply to political communications relating to candidates and issues and would not ban the use of AI in producing political advertisements.

“As artificial intelligence tools become more accessible, the Commission wants to make sure consumers are fully informed when the technology is used,” FCC Chairwoman Jessica Rosenworcel said in a statement. “Today, I’ve shared with my colleagues a proposal that makes clear consumers have a right to know when AI tools are being used in the political ads they see, and I hope they swiftly act on this issue.”

So called “deep fakes” are a major concern as the 2024 general election approaches and have already had an impact on past elections, not only in the United States but in other countries. Election officials around the country have been preparing for the negative side of AI’s impact.

Earlier this year, the Republican Party published this anti-Biden ad that was entirely generated by AI.

Memorial Day on X

Rocky Mountain Legislation

Colorado’s Governor, Jared Polis (D), signed landmark AI legislation into law, which has been dubbed a consumer protection act. The much watched legislation requires developers of certain AI technologies to “use reasonable care to avoid algorithmic discrimination.”

The legislation is key for a number of reasons. It makes developers responsible for any discriminatory effect resulting from their AI systems. According to the Governor, the state regulates discriminatory effects regardless of intent, meaning some responsibility for enforcement falls on state government.

Rules will apply to so called “high-risk” AI systems, those which make consequential decisions.

Beginning in 2026, Colorado will require disclosure of information about their AI systems. Developers must disclose a general statement on foreseeable and known harmful or inappropriate uses, high-level summaries of training data, and known or foreseeable limitations and risks of algorithmic discrimination. Additionally, developers must disclose information on the mitigation of algorithmic discrimination and data governance measures.

After signing the legislation, Polis authored a letter to Colorado lawmakers, expressing reservations on the legislation. “I am concerned about the impact this law may have on an industry that is fueling critical technological advancements across our state for consumers and enterprises alike,” the letter read. “…the important work on protecting consumers from discrimination and other unintended consequences of nascent AI technologies is better considered and applied by the federal government to limit preempt varied compliance burdens on innovators and ensure a level playing field across states along with ensuring access to life-saving and money-saving AI technologies for consumers.”

Colorado’s new AI protections will likely serve as a framework for other states and Congress due to its fairly comprehensive nature as other states begin to navigate the problems of AI. In New Hampshire, the state Department of Justice has begun investigating robo-calls using an AI generated voice to discourage voters from turning out in January’s primary election.

The legislation:

• SB24-205 Consumer Protections for Artificial Intelligence

Worth It

Watch

—”‘Firehose of falsehoods’: How foreign nations and AI will impact the 2024 election” by NBC News

Read

—”What to make of the new AI Roadmap from the Senate’s Bipartisan Commission” via Darrell M. West and Nicol Turner Lee of The Brookings Institution

—”The AI ‘safety movement’ is dead” by Tyler Cowen of Bloomberg

—”U.S. politicians aren’t prepared for the AI revolution. That’s bad for the economy” by Nicole Goodkind of CNN

—”With GOP opposed, U.S. Senate panel advances bills to combat AI in elections” by Zachary Roth of the Iowa Capital Dispatch

—”U.S. elections face more threats from foreign actors and artificial intelligence” by Shannon Bond of Georgia Public Broadcasting

Authored by Daniel Dean with the assistance of AI.