Lawmakers and Feds Team Up to Counter AI’s Growing Impact on Elections After Robocall Scandal!

Around 10,000 people in New Hampshire received an AI-generated robocall on January 21, 2024, just days before the state’s presidential primary.

The call falsely featured President Joe Biden urging Democrats to abstain from voting in the primary and to “save” their votes for the November election.

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The call was not from Biden but was generated using artificial intelligence (AI). It was linked to Steve Kramer, a political consultant for then-Democratic presidential candidate Dean Phillips, who denied any involvement in the scheme.

In response, the League of Women Voters filed a lawsuit against Kramer and the companies responsible for disseminating the calls.

The lawsuit aims to prevent the production of AI-generated robocalls without the consent of the depicted individual.

Public concern about AI’s role in elections is growing. A May survey by Elon University indicated that over 75% of Americans fear the technology could be used to manipulate election outcomes.

This concern comes as the U.S. presidential election is the first to occur amid the rapid advancement of AI technologies.

Despite these warnings, Congress has not yet passed any regulations on AI’s use in elections. Three bipartisan bills aimed at regulating AI in political contexts have been stalled since May.

New Hampshire introduced a bill to regulate AI-generated election materials to address this issue at the state level.

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Signed into law in August 2024, the bill requires a disclaimer on any deepfake content featuring a candidate, election official, or political party distributed within 90 days of an election.

Similar laws have been enacted in Wisconsin and Alabama, while more than 90 bills to protect elections from AI have been proposed in various states over the past few years. However, more than half of these bills have not become law.

Kansas Republican Rep. Pat Proctor explained that one of the challenges in designing AI regulations is balancing effective oversight with respect for the First Amendment.

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His bill to mandate disclosures on AI-generated election ads did not advance in the legislature this year.

Tech companies have also voiced concerns over some of the proposed legislation. TechNet, a lobbying organization representing firms such as Apple, Google, and Meta, supports certain safeguards but warns against regulations that could stifle technological development.

In California, Assemblyman Marc Berman sponsored a 2019 law banning the distribution of “deceptive audio or visual media” of a candidate within 60 days of an election.

This year, Berman introduced further measures that require large online platforms to block or label deceptive political content and create a system for residents to report violations.

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These measures, approved in August, have faced opposition from tech advocates who argue that platforms cannot always determine whether content has been manipulated.

Without a federal law governing the misuse of AI in elections, the New Hampshire lawsuit relies on the Voting Rights Act of 1965, arguing that the robocalls amounted to voter intimidation.

As the lawsuit continues, Steve Kramer faces 26 criminal charges in New Hampshire for voter suppression and impersonation of a candidate.

The Federal Communications Commission (FCC) has proposed a $6 million fine against him. Lingo Telecom, a Michigan-based voice service provider involved in the robocalls, agreed to pay $1 million to settle an enforcement action.

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Additionally, Voice Broadcasting Corp. and Life Corp., companies that provide robocalling services, are defendants in the lawsuit.

These companies claimed they were unaware of the robocall content before distribution. Legal representatives for these entities did not respond to requests for comment, and Kramer’s spokesperson also declined to comment.

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