Congresswoman Brown Introduces Legislation to Protect Elections from AI Deception

Washington, D.C. – Congresswoman Shontel Brown (OH-11) has introduced The Securing Elections from AI Deception Act, legislation to prohibit the use of artificial intelligence (AI) to deprive or defraud individuals of their right to vote and require disclaimers on AI-generated content. The legislation would be enforced by the Federal Trade Commission and applies to federal, state, and local elections.

The Securing Elections from AI Deception Act has 46 original cosponsors and is endorsed by the NAACP, the Lawyer’s Committee for Civil Rights Under Law, and NETWORK Lobby for Catholic Social Justice.

Experts have warned that AI has made it cheaper and easier to spread misinformation according to a report by the Associated Press, including cloned human voices, hyper-realistic images and so-called “deep fakes” of public officials and candidates. In the 2024 election cycle, AI has already been deployed to produce fake audioand images. Fake AI-generated images targeting Black voters, including those showing false images of former President Trump with Black supporters, have received millions of views online. In 2019, the Senate Intelligence Committee’s bipartisan report on Russia’s use of social media interference during the 2016 election concluded that Kremlin efforts “targeted African-Americans more than any other group or demographic.”  

“Deceptive AI-generated content is a threat to elections, voters, and our democracy.  AI-generated content is a powerful new tool requiring oversight and regulation to ensure our elections are secure, and the rights of voters are protected. This threat is no longer theoretical. It is quickly making its malevolent presence known and will likely get much worse. I am especially concerned that deepfake images, audio, and video will be used to target Black and minority voters whose voting rights have historically and consistently been under threat. Combining 21^st century technology with old-fashioned voter suppression and misinformation is a dangerous combination. The Securing Elections from AI Deception Act prohibits AI deepfakes from being used to undermine voting rights and requires disclaimers for AI-generated content, providing essential, sorely needed protections,” said Congresswoman Shontel Brown.

“The NAACP stands in strong support of the Securing Elections from AI Deception Act. It represents a critical step in safeguarding the democratic process, and is a component of ensuring that there is integrity in our elections. Generative AI has the very real potential to deceive and disenfranchise voters, which must not be allowed as we strive for a fair and transparent electoral system,” said Cedric C. Haynes, Vice President Policy and Legislative Affairs, NAACP.

“A lie that deprives a person from voting is an insult to our democracy – no matter the source,”said Alex Ault, Policy Counsel for the Lawyers’ Committee for Civil Rights Under Law. “Black and Brown voters deserve better than to be attacked and misled by bad actors using AI tools. We’re pleased that the Securing Elections from AI Deception Act implements concepts from our Online Civil Rights Act to require disclaimers on election-related AI generated material and prevent next generation attacks on voters.”

In March, Congresswoman Brown led a bipartisan letter on AI election interference to the Department of Justice, Department of Homeland Security, and the Election Assistance Commission  requesting information regarding the use of artificial intelligence (AI) to intimidate, threaten, or misinform voters during the 2024 election cycle. 

Original cosponsors in the House are: Rep. Alma Adams (NC-12), Rep. Nanette Barragan (CA-44), Rep. Joyce Beatty (OH-03), Rep. Salud Carbajal (CA-24), Rep. André Carson (IN-07), Rep. Sheila Cherfilus-McCormick (FL-20), Rep. James Clyburn (SC-06), Rep. Jasmine Crockett (TX-30), Rep. Debbie Dingell (MI-06), Rep. Adriano Espaillat (NY-13), Rep. Dwight Evans (PA-03), Rep. Valerie Foushee (NC-04), Rep. Maxwell Frost (FL-10), Rep. Robert Garcia (CA-42), Rep. Dan Goldman (NY-10), Rep. Raúl M. Grijalva (AZ-07), Rep. Jahana Hayes (CT-05), Rep. Steven Horsford (NV-04), Rep. Val Hoyle (OR-04), Rep. Jonathan Jackson (IL-01), Rep. Robin Kelly (IL-02), Rep. Raja Krishnamoorthi (IL-08), Rep. Annie Kuster (NH-02), Rep. Greg Landsman (OH-01), Rep. Barbara Lee (CA-12), Rep. Summer Lee (PA-12), Rep. Ted Lieu (CA-36), Rep. Seth Magaziner (RI-02), Rep. Jennifer McClellan (VA-04), Rep. Betty McCollum (MN-04), Rep. Morgan McGarvey (KY-03), Rep. Gregory Meeks (NY-05), Rep. Kweisi Mfume (MD-07), Congresswoman Stacey Plaskett (VI-AL), Rep. Ayanna Pressley (MA-07), Rep. Pat Ryan (NY-18), Rep. Melanie Stansbury (NM-01), Rep. Marilyn Strickland (WA-10), Rep. Eric Swalwell (CA-14), Rep. Emilia Sykes (OH-13), Rep. Bennie Thompson (MS-02), Rep. Ritchie Torres (NY-15), Rep. Maxine Waters (CA-43), Rep. Debbie Wasserman Schultz (FL-25), Rep. Nikema Williams (GA-05), Rep. Frederica S. Wilson (FL-24).   

The Securing Elections from AI Deception Act

Prohibits the Use of Artificial Intelligence to Deprive or Defraud Individuals of the Right to Vote

• Bars developers or deployers of artificial intelligence from using AI to intentionally deprive or defraud an individual of the right to vote in an election.
  • Including providing deceptive information regarding:
    • the time, place, or method of voting
    • eligibility requirements to vote or register to vote
    • the counting of ballots
    • the adjudication of elections
    • endorsements
    • the procedures or requirements for voting
  • Using deception, threats, intimidation, fraud, or coercion to prevent, interfere, or deter, or to attempt to prevent, interfere, or deter an individual’s right to
    • register to vote, vote, support or advocate for a candidate
    • serve as an election worker
       
• Establishes a penalty of a fine or imprisonment for violating these prohibitions

Requires Disclaimers on Election-Related Content Generated by Artificial Intelligence

• Requires the use of a disclaimer for AI generated election content related to AI-generated images, text, video, audio or other media that includes
  • a simulation, alteration, or distortion of an image, video or audio of a candidate for federal, state, or local office
  • information about the time, place, manner, or requirements for voting or registering to vote for Federal, State, or local office
     
• The disclaimer for AI generated content must include either:
  • the statement “AI Disclaimer: This output was generated by artificial intelligence” or
  • a symbol, similar in size and design to the copyright symbol, consisting of the letters “AI” in a circle

• The disclaimer requirement would be regulated and enforced by the Federal Trade Commission under the authority of the Federal Trade Commission Act regarding unfair or deceptive practices

• The Federal Trade Commission would be required to educate the public on the meaning and use of the disclaimer and report to Congress on its adoption and effectiveness

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