In response to a petition for rulemaking submitted by the advocacy group Public Citizen, the Federal Election Commission (FEC) issued a notice of availability in August 2023 concerning Artificial Intelligence (AI) in Campaign Ads. On October 16, 2023, the Brennan Center submitted a public comment urging the Commission to grant the petition and commence a rulemaking to update it rules against “fraudulent misrepresentation” to account for deliberatively deceptive AI-produced content impersonating candidates in their rivals’ campaign ads and in fundraising solicitations by third parties.
The comment emphasizes how increasingly advanced deepfakes in campaign communications – which are already playing a role in the 2024 election – threaten the integrity of elections around the world. It then explains how the Federal Election Campaign Act authorizes the Commission to address important aspects of this problem, while acknowledging that comprehensive regulation will likely require congressional action.
