The Legal Accountability of AI-Generated Deepfakes in Election Misinformation
How Deepfakes Are Created
Generative AI models enable the creation of highly realistic fake media. Most deepfakes today are produced by training deep neural networks on real images, video or audio of a target person. The two predominant AI architectures are generative adversarial networksand autoencoders. A GAN consists of a generator network that produces synthetic images and a discriminator network that tries to distinguish fakes from real data. Through iterative training, the generator learns to produce outputs that increasingly fool the discriminator¹. Autoencoder-based tools similarly learn to encode a target face and then decode it onto a source video. In practice, deepfake creators use accessible software: open-source tools like DeepFaceLab and FaceSwap dominate video face-swapping². Voice-cloning toolscan mimic a person’s speech from minutes of audio. Commercial platforms like Synthesia allow text-to-video avatars, which have already been misused in disinformation campaigns³. Even mobile appslet users do basic face swaps in minutes⁴. In short, advances in GANs and related models make deepfakes cheaper and easier to generate than ever.
Diagram of a generative adversarial network: A generator network creates fake images from random input and a discriminator network distinguishes fakes from real examples. Over time the generator improves until its outputs “fool” the discriminator⁵
During creation, a deepfake algorithm is typically trained on a large dataset of real images or audio from the target. The more varied and high-quality the training data, the more realistic the deepfake. The output often then undergoes post-processingto enhance believability¹. Technical defenses focus on two fronts: detection and authentication. Detection uses AI models to spot inconsistenciesthat betray a synthetic origin⁵. Authentication embeds markers before dissemination – for example, invisible watermarks or cryptographically signed metadata indicating authenticity⁶. The EU AI Act will soon mandate that major AI content providers embed machine-readable “watermark” signals in synthetic media⁷. However, as GAO notes, detection is an arms race – even a marked deepfake can sometimes evade notice – and labels alone don’t stop false narratives from spreading⁸⁹.
Deepfakes in Recent Elections: Examples
Deepfakes and AI-generated imagery already have made headlines in election cycles around the world. In the 2024 U.S. primary season, a digitally-altered audio robocall mimicked President Biden’s voice urging Democrats not to vote in the New Hampshire primary. The callerwas later fined million by the FCC and indicted under existing telemarketing laws¹⁰¹¹.Also in 2024, former President Trump posted on social media a collage implying that pop singer Taylor Swift endorsed his campaign, using AI-generated images of Swift in “Swifties for Trump” shirts¹². The posts sparked media uproar, though analysts noted the same effect could have been achieved without AI¹². Similarly, Elon Musk’s X platform carried AI-generated clips, including a parody “Ad” depicting Vice-President Harris’s voice via an AI clone¹³.
Beyond the U.S., deepfake-like content has appeared globally. In Indonesia’s 2024 presidential election, a video surfaced on social media in which a convincingly generated image of the late President Suharto appeared to endorse the candidate of the Golkar Party. Days later, the endorsed candidatewon the presidency¹⁴. In Bangladesh, a viral deepfake video superimposed the face of opposition leader Rumeen Farhana onto a bikini-clad body – an incendiary fabrication designed to discredit her in the conservative Muslim-majority society¹⁵. Moldova’s pro-Western President Maia Sandu has been repeatedly targeted by AI-driven disinformation; one deepfake video falsely showed her resigning and endorsing a Russian-friendly party, apparently to sow distrust in the electoral process¹⁶. Even in Taiwan, a TikTok clip circulated that synthetically portrayed a U.S. politician making foreign-policy statements – stoking confusion ahead of Taiwanese elections¹⁷. In Slovakia’s recent campaign, AI-generated audio mimicking the liberal party leader suggested he plotted vote-rigging and beer-price hikes – instantly spreading on social media just days before the election¹⁸. These examples show that deepfakes have touched diverse polities, often aiming to undermine candidates or confuse voters¹⁵¹⁸.
Notably, many of the most viral “deepfakes” in 2024 were actually circulated as obvious memes or claims, rather than subtle deceptions. Experts observed that outright undetectable AI deepfakes were relatively rare; more common were AI-generated memes plainly shared by partisans, or cheaply doctored “cheapfakes” made with basic editing tools¹³¹⁹. For instance, social media was awash with memes of Kamala Harris in Soviet garb or of Black Americans holding Trump signs¹³, but these were typically used satirically, not meant to be secretly believed. Nonetheless, even unsophisticated fakes can sway opinion: a U.S. study found that false presidential adsdid change voter attitudes in swing states. In sum, deepfakes are a real and growing phenomenon in election campaigns²⁰²¹ worldwide – a trend taken seriously by voters and regulators alike.
U.S. Legal Framework and Accountability
In the U.S., deepfake creators and distributors of election misinformation face a patchwork of tools, but no single comprehensive federal “deepfake law.” Existing laws relevant to disinformation include statutes against impersonating government officials, electioneering, and targeted statutes like criminal electioneering communications. In some cases ordinary laws have been stretched: the NH robocall used the Telephone Consumer Protection Act and mail/telemarketing fraud provisions, resulting in the M fine and a criminal charge. Similarly, voice impostors can potentially violate laws against “false advertising” or “unlawful corporate communications.” However, these laws were enacted before AI, and litigators have warned they often do not fit neatly. For example, deceptive deepfake claims not tied to a specific victim do not easily fit into defamation or privacy torts. Voter intimidation lawsalso leave a gap for non-threatening falsehoods about voting logistics or endorsements.
Recognizing these gaps, some courts and agencies are invoking other theories. The U.S. Department of Justice has recently charged individuals under broad fraud statutes, and state attorneys general have considered deepfake misinformation as interference with voting rights. Notably, the Federal Election Commissionis preparing to enforce new rules: in April 2024 it issued an advisory opinion limiting “non-candidate electioneering communications” that use falsified media, effectively requiring that political ads use only real images of the candidate. If finalized, that would make it unlawful for campaigns to pay for ads depicting a candidate saying things they never did. Similarly, the Federal Trade Commissionand Department of Justicehave signaled that purely commercial deepfakes could violate consumer protection or election laws.
U.S. Legislation and Proposals
Federal lawmakers have proposed new statutes. The DEEPFAKES Accountability Actwould, among other things, impose a disclosure requirement: political ads featuring a manipulated media likeness would need clear disclaimers identifying the content as synthetic. It also increases penalties for producing false election videos or audio intended to influence the vote. While not yet enacted, supporters argue it would provide a uniform rule for all federal and state campaigns. The Brennan Center supports transparency requirements over outright bans, suggesting laws should narrowly target deceptive deepfakes in paid ads or certain categorieswhile carving out parody and news coverage.
At the state level, over 20 states have passed deepfake laws specifically for elections. For example, Florida and California forbid distributing falsified audio/visual media of candidates with intent to deceive voters. Some statesdefine “deepfake” in statutes and allow candidates to sue or revoke candidacies of violators. These measures have had mixed success: courts have struck down overly broad provisions that acted as prior restraints. Critically, these state laws raise First Amendment issues: political speech is highly protected, so any restriction must be tightly tailored. Already, Texas and Virginia statutes are under legal review, and Elon Musk’s company has sued under California’s lawas unconstitutional. In practice, most lawsuits have so far centered on defamation or intellectual property, rather than election-focused statutes.
Policy Recommendations: Balancing Integrity and Speech
Given the rapidly evolving technology, experts recommend a multi-pronged approach. Most stress transparency and disclosure as core principles. For example, the Brennan Center urges requiring any political communication that uses AI-synthesized images or voice to include a clear label. This could be a digital watermark or a visible disclaimer. Transparency has two advantages: it forces campaigns and platforms to “own” the use of AI, and it alerts audiences to treat the content with skepticism.
Outright bans on all deepfakes would likely violate free speech, but targeted bans on specific harmsmay be defensible. Indeed, Florida already penalizes misuse of recordings in voter suppression. Another recommendation is limited liability: tying penalties to demonstrable intent to mislead, not to the mere act of content creation. Both U.S. federal proposals and EU law generally condition fines on the “appearance of fraud” or deception.
Technical solutions can complement laws. Watermarking original mediacould deter the reuse of authentic images in doctored fakes. Open tools for deepfake detection – some supported by government research grants – should be deployed by fact-checkers and social platforms. Making detection datasets publicly availablehelps improve AI models to spot fakes. International cooperation is also urged: cross-border agreements on information-sharing could help trace and halt disinformation campaigns. The G7 and APEC have all recently committed to fighting election interference via AI, which may lead to joint norms or rapid response teams.
Ultimately, many analysts believe the strongest “cure” is a well-informed public: education campaigns to teach voters to question sensational media, and a robust independent press to debunk falsehoods swiftly. While the law can penalize the worst offenders, awareness and resilience in the electorate are crucial buffers against influence operations. As Georgia Tech’s Sean Parker quipped in 2019, “the real question is not if deepfakes will influence elections, but who will be empowered by the first effective one.” Thus policies should aim to deter malicious use without unduly chilling innovation or satire.
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The post The Legal Accountability of AI-Generated Deepfakes in Election Misinformation appeared first on MarkTechPost.
#legal #accountability #aigenerated #deepfakes #electionThe Legal Accountability of AI-Generated Deepfakes in Election Misinformation
How Deepfakes Are Created
Generative AI models enable the creation of highly realistic fake media. Most deepfakes today are produced by training deep neural networks on real images, video or audio of a target person. The two predominant AI architectures are generative adversarial networksand autoencoders. A GAN consists of a generator network that produces synthetic images and a discriminator network that tries to distinguish fakes from real data. Through iterative training, the generator learns to produce outputs that increasingly fool the discriminator¹. Autoencoder-based tools similarly learn to encode a target face and then decode it onto a source video. In practice, deepfake creators use accessible software: open-source tools like DeepFaceLab and FaceSwap dominate video face-swapping². Voice-cloning toolscan mimic a person’s speech from minutes of audio. Commercial platforms like Synthesia allow text-to-video avatars, which have already been misused in disinformation campaigns³. Even mobile appslet users do basic face swaps in minutes⁴. In short, advances in GANs and related models make deepfakes cheaper and easier to generate than ever.
Diagram of a generative adversarial network: A generator network creates fake images from random input and a discriminator network distinguishes fakes from real examples. Over time the generator improves until its outputs “fool” the discriminator⁵
During creation, a deepfake algorithm is typically trained on a large dataset of real images or audio from the target. The more varied and high-quality the training data, the more realistic the deepfake. The output often then undergoes post-processingto enhance believability¹. Technical defenses focus on two fronts: detection and authentication. Detection uses AI models to spot inconsistenciesthat betray a synthetic origin⁵. Authentication embeds markers before dissemination – for example, invisible watermarks or cryptographically signed metadata indicating authenticity⁶. The EU AI Act will soon mandate that major AI content providers embed machine-readable “watermark” signals in synthetic media⁷. However, as GAO notes, detection is an arms race – even a marked deepfake can sometimes evade notice – and labels alone don’t stop false narratives from spreading⁸⁹.
Deepfakes in Recent Elections: Examples
Deepfakes and AI-generated imagery already have made headlines in election cycles around the world. In the 2024 U.S. primary season, a digitally-altered audio robocall mimicked President Biden’s voice urging Democrats not to vote in the New Hampshire primary. The callerwas later fined million by the FCC and indicted under existing telemarketing laws¹⁰¹¹.Also in 2024, former President Trump posted on social media a collage implying that pop singer Taylor Swift endorsed his campaign, using AI-generated images of Swift in “Swifties for Trump” shirts¹². The posts sparked media uproar, though analysts noted the same effect could have been achieved without AI¹². Similarly, Elon Musk’s X platform carried AI-generated clips, including a parody “Ad” depicting Vice-President Harris’s voice via an AI clone¹³.
Beyond the U.S., deepfake-like content has appeared globally. In Indonesia’s 2024 presidential election, a video surfaced on social media in which a convincingly generated image of the late President Suharto appeared to endorse the candidate of the Golkar Party. Days later, the endorsed candidatewon the presidency¹⁴. In Bangladesh, a viral deepfake video superimposed the face of opposition leader Rumeen Farhana onto a bikini-clad body – an incendiary fabrication designed to discredit her in the conservative Muslim-majority society¹⁵. Moldova’s pro-Western President Maia Sandu has been repeatedly targeted by AI-driven disinformation; one deepfake video falsely showed her resigning and endorsing a Russian-friendly party, apparently to sow distrust in the electoral process¹⁶. Even in Taiwan, a TikTok clip circulated that synthetically portrayed a U.S. politician making foreign-policy statements – stoking confusion ahead of Taiwanese elections¹⁷. In Slovakia’s recent campaign, AI-generated audio mimicking the liberal party leader suggested he plotted vote-rigging and beer-price hikes – instantly spreading on social media just days before the election¹⁸. These examples show that deepfakes have touched diverse polities, often aiming to undermine candidates or confuse voters¹⁵¹⁸.
Notably, many of the most viral “deepfakes” in 2024 were actually circulated as obvious memes or claims, rather than subtle deceptions. Experts observed that outright undetectable AI deepfakes were relatively rare; more common were AI-generated memes plainly shared by partisans, or cheaply doctored “cheapfakes” made with basic editing tools¹³¹⁹. For instance, social media was awash with memes of Kamala Harris in Soviet garb or of Black Americans holding Trump signs¹³, but these were typically used satirically, not meant to be secretly believed. Nonetheless, even unsophisticated fakes can sway opinion: a U.S. study found that false presidential adsdid change voter attitudes in swing states. In sum, deepfakes are a real and growing phenomenon in election campaigns²⁰²¹ worldwide – a trend taken seriously by voters and regulators alike.
U.S. Legal Framework and Accountability
In the U.S., deepfake creators and distributors of election misinformation face a patchwork of tools, but no single comprehensive federal “deepfake law.” Existing laws relevant to disinformation include statutes against impersonating government officials, electioneering, and targeted statutes like criminal electioneering communications. In some cases ordinary laws have been stretched: the NH robocall used the Telephone Consumer Protection Act and mail/telemarketing fraud provisions, resulting in the M fine and a criminal charge. Similarly, voice impostors can potentially violate laws against “false advertising” or “unlawful corporate communications.” However, these laws were enacted before AI, and litigators have warned they often do not fit neatly. For example, deceptive deepfake claims not tied to a specific victim do not easily fit into defamation or privacy torts. Voter intimidation lawsalso leave a gap for non-threatening falsehoods about voting logistics or endorsements.
Recognizing these gaps, some courts and agencies are invoking other theories. The U.S. Department of Justice has recently charged individuals under broad fraud statutes, and state attorneys general have considered deepfake misinformation as interference with voting rights. Notably, the Federal Election Commissionis preparing to enforce new rules: in April 2024 it issued an advisory opinion limiting “non-candidate electioneering communications” that use falsified media, effectively requiring that political ads use only real images of the candidate. If finalized, that would make it unlawful for campaigns to pay for ads depicting a candidate saying things they never did. Similarly, the Federal Trade Commissionand Department of Justicehave signaled that purely commercial deepfakes could violate consumer protection or election laws.
U.S. Legislation and Proposals
Federal lawmakers have proposed new statutes. The DEEPFAKES Accountability Actwould, among other things, impose a disclosure requirement: political ads featuring a manipulated media likeness would need clear disclaimers identifying the content as synthetic. It also increases penalties for producing false election videos or audio intended to influence the vote. While not yet enacted, supporters argue it would provide a uniform rule for all federal and state campaigns. The Brennan Center supports transparency requirements over outright bans, suggesting laws should narrowly target deceptive deepfakes in paid ads or certain categorieswhile carving out parody and news coverage.
At the state level, over 20 states have passed deepfake laws specifically for elections. For example, Florida and California forbid distributing falsified audio/visual media of candidates with intent to deceive voters. Some statesdefine “deepfake” in statutes and allow candidates to sue or revoke candidacies of violators. These measures have had mixed success: courts have struck down overly broad provisions that acted as prior restraints. Critically, these state laws raise First Amendment issues: political speech is highly protected, so any restriction must be tightly tailored. Already, Texas and Virginia statutes are under legal review, and Elon Musk’s company has sued under California’s lawas unconstitutional. In practice, most lawsuits have so far centered on defamation or intellectual property, rather than election-focused statutes.
Policy Recommendations: Balancing Integrity and Speech
Given the rapidly evolving technology, experts recommend a multi-pronged approach. Most stress transparency and disclosure as core principles. For example, the Brennan Center urges requiring any political communication that uses AI-synthesized images or voice to include a clear label. This could be a digital watermark or a visible disclaimer. Transparency has two advantages: it forces campaigns and platforms to “own” the use of AI, and it alerts audiences to treat the content with skepticism.
Outright bans on all deepfakes would likely violate free speech, but targeted bans on specific harmsmay be defensible. Indeed, Florida already penalizes misuse of recordings in voter suppression. Another recommendation is limited liability: tying penalties to demonstrable intent to mislead, not to the mere act of content creation. Both U.S. federal proposals and EU law generally condition fines on the “appearance of fraud” or deception.
Technical solutions can complement laws. Watermarking original mediacould deter the reuse of authentic images in doctored fakes. Open tools for deepfake detection – some supported by government research grants – should be deployed by fact-checkers and social platforms. Making detection datasets publicly availablehelps improve AI models to spot fakes. International cooperation is also urged: cross-border agreements on information-sharing could help trace and halt disinformation campaigns. The G7 and APEC have all recently committed to fighting election interference via AI, which may lead to joint norms or rapid response teams.
Ultimately, many analysts believe the strongest “cure” is a well-informed public: education campaigns to teach voters to question sensational media, and a robust independent press to debunk falsehoods swiftly. While the law can penalize the worst offenders, awareness and resilience in the electorate are crucial buffers against influence operations. As Georgia Tech’s Sean Parker quipped in 2019, “the real question is not if deepfakes will influence elections, but who will be empowered by the first effective one.” Thus policies should aim to deter malicious use without unduly chilling innovation or satire.
References:
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.
.
.
.
.
.
.
/.
.
.
/.
/.
.
The post The Legal Accountability of AI-Generated Deepfakes in Election Misinformation appeared first on MarkTechPost.
#legal #accountability #aigenerated #deepfakes #election
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