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1 1 (August 27, 2024)

handle is hein.crs/goveqlo0001 and id is 1 raw text is: Artificial Intelligence (AI) and Campaign Finance Policy: Recent Developments Updated August 27, 2024 No federal statute or regulation specifically addresses artificial intelligence (AI) in political campaigns. The Federal Election Campaign Act (FECA) and Federal Election Commission (FEC) regulations govern conduct that calls for election or defeat of federal candidates or solicits funds. They also regulate some advertisements (electioneering communications) that refer to clearly identified federal candidates during preelection periods that do not call for election or defeat. Disclaimer requirements that mandate attribution for communications regulated by campaign finance law appear to apply to ads created with Al. Those requirements do not mandate that such advertising alert the audience, or regulators, to the presence of Al-generated content. Campaign management decisions, such as which technology to use, are generally not subject to regulation. This updated CRS Insight discusses recent developments that could be relevant as Congress monitors or considers legislation related to Al and campaign finance policy. It does not address legal issues. Other CRS products provide information on generative Al and other Al policy areas. AI in Political Campaigns, and Recent Legislative Developments Recent policy attention to Al in campaigns focuses on deepfakes, referring to artificially manipulated audio or video content in political advertising. Such advertising appears to present new challenges for campaigns and voters about how to determine whether communications are authentic. Recent legislation proposes disclaimers, reporting requirements, or prohibitions on deepfakes in federal campaigns or elections. Bills introduced in the 118th Congress include H.R. 3044; H.R. 3106; H.R. 3831; H.R. 4611; H.R. 5586; H.R. 8384; H.R. 8668; S. 686; S. 1596; S. 2770; and S. 3875. The Senate Committee on Rules and Administration reported an amended version of S. 3875 on May 15, 2024. The bill would amend FECA to require disclaimers on certain political advertisements that are generated using Al. Legislation (H.R. 1; H.R. 5314) addressing various elections topics, including some provisions concerning deepfakes, passed the House in the 117th Congress but was not enacted. In May 2023, the American Association of Political Consultants (AAPC) issued a statement explaining that its board of directors unanimously condemn[ed] use of deceptive generative Al content in political campaigns as inconsistent with the organization's code of ethics. The AAPC position represents a Congressional Research Service https://crsreports.congress.gov IN12222 CRS INSIGHT Prepared for Members and Committees of Congress