[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Proposed Rules]
[Pages 55606-55607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17547]


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FEDERAL ELECTION COMMISSION

11 CFR Part 112

[Notice 2023-13]


Artificial Intelligence in Campaign Ads

AGENCY: Federal Election Commission.

ACTION: Notification of availability of Petition for Rulemaking.

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SUMMARY: The Commission announces its receipt of a Petition for 
Rulemaking filed by Public Citizen. The Petition asks the Commission to 
amend its regulation on fraudulent misrepresentation of campaign 
authority to make clear that the related statutory prohibition applies 
to deliberately deceptive Artificial Intelligence campaign ads.

DATES: Comments must be submitted on or before October 16, 2023.

ADDRESSES: All comments must be in writing. Commenters may submit 
comments electronically via the Commission's website at https://sers.fec.gov/fosers/, reference REG 2023-02.
    Each commenter must provide, at a minimum, his or her first name, 
last name, city and state. All properly submitted comments, including 
attachments, will become part of the public record, and the Commission 
will make comments available for public viewing on the Commission's 
website and in the Commission's Public Records Office. Accordingly, 
commenters should not provide in their comments any information that 
they do not wish to make public, such as a home street address, 
personal email address, date of birth, phone number, social security 
number, or driver's license number, or any information that is 
restricted from disclosure, such as trade secrets or commercial or 
financial information that is privileged or confidential.

FOR FURTHER INFORMATION CONTACT: Robert M. Knop, Assistant General 
Counsel, or Ms. Jennifer Waldman, Attorney, 1050 First Street NE, 
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: On July 13, 2023, the Commission received a 
Petition for Rulemaking (``Petition'') from Public Citizen, a non-
profit advocacy organization. The Petition asks the Commission to amend 
its regulation on ``fraudulent misrepresentation'' at 11 CFR 110.16 to 
clarify that ``the restrictions and penalties of the law and the Code 
of Regulations are applicable'' should ``candidates or their agents 
fraudulently misrepresent other candidates or political parties through 
deliberately false [Artificial Intelligence]-generated content in 
campaign ads or other communications.'' Petition at 5.
    The Federal Election Campaign Act (the ``Act'') provides that a 
candidate for federal office, employee, or agent of such a candidate 
shall not ``fraudulently misrepresent'' themselves or any committee or 
organization under their control ``as speaking or writing or otherwise 
acting for or on behalf of any other candidate or political party or 
employee or agent thereof on a matter which is damaging to such other 
candidate or political party or employee or agent thereof.'' 52 U.S.C. 
30124(a)(1).
    The Petition asserts that generative Artificial Intelligence and 
deepfake technology, is being ``used to create convincing images, audio 
and video hoaxes.'' Petition at 2. The Petition asserts that while the 
technology is not so far advanced currently as for viewers to not be 
able to identify when it is used disingenuously, if the use of the 
``technology continues to improve, it will become increasingly 
difficult, and perhaps, nearly impossible for an average person to 
distinguish deepfake videos and audio clips from authentic media.'' Id.
    The Petition notes that the technology will ``almost certainly 
create the opportunity for political actors to deploy it to deceive 
voters[,] in ways that extend well beyond any First Amendment 
protections for political expression, opinion or satire.'' Id. 
According to the Petition, this technology might be used to ``create a 
video that purports to show an opponent making an offensive statement 
or accepting a bribe'' and, once disseminated, be used for the purpose 
of ``persuading voters that the opponent said or did something they did 
not say or do.'' Id. The Petition explains that a deepfake audio clip 
or video by a candidate or their agent would violate the fraudulent 
misrepresentation provision by ``falsely putting words into another 
candidate's mouth, or showing the candidate taking action they did not 
[take],'' thereby ``fraudulently speak[ing] or act[ing] `for' that 
candidate in a way deliberately intended to [harm] him or her.'' Id. at 
3. The Petitioner states that because the deepfaker misrepresents 
themselves as speaking for the deepfaked candidate, ``the deepfake is 
fraudulent because the deepfaked candidate in fact did not say or do 
what is depicted by the deepfake and because the deepfake aims to 
deceive the public.'' Id. The Petitioner draws a distinction between 
deepfakes, which it contends violates the prohibition on fraudulent 
misrepresentation, and other uses of Artificial Intelligence in 
campaign communications, such as in parodies, where the purpose and 
effect are not to deceive voters, or as in other communications where 
``there is a sufficiently prominent disclosure that the image, audio or 
video was generated by [A]rtificial [I]ntelligence and portrays 
fictitious statements and actions.'' Id. at 4.
    The Commission seeks comment on the Petition. The public may 
inspect the Petition on the Commission's website at http://www.fec.gov/fosers/.
    The Commission will not consider the Petition's merits until after 
the comment period closes. If the Commission decides that the Petition 
has merit, it may begin a rulemaking proceeding. The Commission will 
announce any

[[Page 55607]]

action that is takes in the Federal Register.

    Authority: 52 U.S.C. 30108, 30111(a)(8).

    Dated: August 10, 2023.

    On behalf of the Commission,
Dara S. Lindenbaum,
Chair, Federal Election Commission.
[FR Doc. 2023-17547 Filed 8-15-23; 8:45 am]
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