FEC - Federal Election Commission
09/27/2024 | Press release | Distributed by Public on 09/27/2024 11:12
Commission approves Notification of Disposition, Interpretive Rule on artificial intelligence in campaign ads
On September 19, 2024, the Commission voted not to open a rulemaking on the use of artificial intelligence (AI) in campaign ads. Instead, the Commission adopted an Interpretive Rule that explains how its existing regulations on fraudulent misrepresentation apply.
Background
The Federal Election Campaign Act (the Act) prohibits fraudulent misrepresentation in two specific ways. First, the Act prohibits a candidate or their agent from purporting to speak, write or act for another candidate or political party in a way that is damaging to them. Second, the Act prohibits any person from falsely representing that they are speaking, writing or acting on behalf of a candidate or political party to soliciting contributions.
Notification of Disposition for Rulemaking
On July 13, 2023, Public Citizen submitted a Petition for Rulemaking, requesting a rulemaking to clarify that the law against fraudulent misrepresentation applies to deliberately deceptive AI-produced content. On August 16, 2023, the Commission published a Notice of Availability seeking public comment on the Petition and received more than 2,000 comments in response.
After considering those comments, the Commission decided not to initiate a rulemaking. The Commission determined that the statute's fraudulent misrepresentation ban is technology neutral, applying to all means of the specified fraud, including AI-assisted media. The Commission will continue to apply 52 U.S.C. § 30124 to specific technologies on a case-by-case basis.
Interpretive Rule
The Commission adopted an Interpretive Rule to clarify that 52 U.S.C. § 30124 and the implementing regulation at 11 CFR 110.16 apply irrespective to the technology being used to conduct fraudulent misrepresentation. The Commission noted that fraudulent misrepresentation "may be accomplished using AI-assisted media, forged signatures, physically altered documents or media, false statements, or any other means. The statute, and the Commission's implementing regulation, is technology neutral."
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