AI Election Deepfake Bills Gain Ground in New York, Other States

New York would become the first in the nation to explicitly empower voters to file lawsuits against AI-made political deepfakes under legislation Gov. Kathy Hochul (D) aims to pass in the state budget due April 1.

Her proposal (Part MM) comes as legislatures in Arizona, Utah, South Dakota, and New Mexico also have targeted AI deepfakes ahead of the November election.

A bill (HB 986) in Georgia, a key state in the presidential race, would also criminalize deepfakes that misrepresent” a real individual’s speech or conduct.” The proposal had not received floor votes in either chamber as of Thursday.

The pending bills differ on enforcement, such as whether violators would face civil penalties, criminal convictions, or court orders. They also vary in whether they cover materials depicting political candidates, other real people, or any bogus content created with digital tools influencing voters.

California, Texas, Minnesota, Washington, and Michigan have already implemented laws against AI-made election deepfakes.

If the pending proposals in other states are enacted, about one-third of the U.S. population would live in covered states. The activity comes amid congressional inaction on the topic.

“The most important thing for us is getting these laws on the books, and that’s happening relatively quickly at the state level versus the federal level,” said Robert Weissman, president of the public advocacy group Public Citizen.

New York Approach

Hochul’s proposal diverges from the efforts in other states by covering deepfakes that go beyond depictions of real people.

Her measure would cover “any political communication” produced by “digitized deceptive media” and then allow voters to sue to get them removed online.

Unlike most other states, the New York bill also doesn’t include civil or criminal penalties for violators. That language is similar to the Arizona bill (HB 2394) passed by the state House of Representatives Feb. 21.

If New York allows its residents to pursue injunctive relief, it would be an improvement on other deepfake measures because it would dramatically increase the number of people who could take legal action, said Weissman.

Hochul’s measure also includes a provision that election materials would have to feature a warning that “digitization” was used in their production, which some critics say isn’t specific enough.

“We should be precise in how we’re discussing it with voters,” said Assemblymember Alex Bores (D), who has introduced legislation that would require “artificial intelligence” in a disclaimer.

Other States

Like New York, bills in Arizona, Utah, South Dakota are on track to pass this year. The New Mexico measure awaits action by Gov. Michelle Lujan Grisham (D), whose office didn’t provide comment.

A Wisconsin measure faces longer odds of enactment, while a recently introduced measure in Connecticut (SB 2) is a priority for the state Senate this year.

The Utah bill (SB 131) was approved by its state Senate Feb. 12. It would cover any phony images, video, or audio affecting voters. Violators would face civil penalties.

The New Mexico bill (HB 182), passed by both legislative chambers, would give prosecutors, the state attorney general, depicted individuals and organizations representing voters such authority.

The legislation in Arizona and South Dakota (SB 96), which the state Senate passed on Feb. 13, would allow depicted people to take action, with Arizona also empowering district attorneys.

Barriers Ahead

If enacted, the measures could face court challenges.

Free speech advocates have raised concerns that restricting AI-made political communications might violate the First Amendment.

Courts cannot easily determine which synthetic media are acceptable and which aren’t, said Albert Fox Cahn, the executive director of the Surveillance Technology Oversight Project.

“A lot of this is very subjective,” said Cahn.

Some state lawmakers are also looking to alter proposals before sending them to governors. This includes New York, which has a Democratic majority in both chambers.

State Senate Internet and Technology Chair Kristen Gonzalez (D) said she is particularly eager to expand the types of monetary damages plaintiffs could pursue.

“I think the governor proposing this is a signal that we know in New York we have to do something,” said Gonzalez. “I do not think we should take the proposal as written.”