Rubel informed the commission members that the “potential for this to harm our votes is immense.”
This piece was initially published in the Idaho Press in BOISE, Idaho.
After extensive hearings and numerous inquiries from politicians, the House State Affairs Committee forwarded a bipartisan bill regarding the disclosure of the use of Artificial Intelligence-generated representations of individuals in electioneering to the full House for voting.
Following a vote of 8 to 5 on Thursday, the council members decided to advance the proposal to the full House without a recommendation, despite many expressing their desire to introduce modifications.
HB 426, co-sponsored by Rep. Bruce Skaug, R-Nampa, and House Minority Leader Ilana Rubel, D-Boise, mandates that AI-generated content resembling a candidate must include a disclaimer indicating its falsity. Individuals depicted in manipulated images, audio, or videos have the right to seek legal recourse for damages.
Rubel, after exhibiting a video of Morgan Freeman manipulated by artificial intelligence (AI), emphasized, “The potential for this to undermine our elections is staggering.”
During the session, Skaug and Rubel raised queries about the severity of penalties, the timing of the dissemination of deep-fakes, and the definition of an affected candidate.
According to the bill, candidates impersonated in a deceptive manner can seek legal redress, including the removal of the misleading content. The affected candidates may be awarded compensatory or punitive damages, the latter being subject to judicial discretion.
In an attempt to deter such deceptive practices, some legislators advocated for imposing substantial financial penalties.
Rep. Joe Alfieri, R-Coeur d’Alene, expressed concerns about the delayed recourse available to victims and advocated for severe punitive measures to dissuade offenders promptly.
Supporting Alfieri’s stance, other lawmakers suggested incorporating minimum charges to fortify the legislation.
In addressing the concerns raised, Rubel tailored the bill to align with similar statutes in other states to navigate the intricate legal landscape, particularly concerning First Amendment rights.
Despite potential amendments being proposed, Rubel and Skaug, typically on opposing sides, found common ground in supporting the bill without alterations.
Rep. John Gannon, D-Boise, proposed advancing the bill with a “do pass” recommendation, citing successful precedents in other states.
Alternatively, Rep. Joe Palmer, R-Midland, proposed sending the bill to the floor without a recommendation, allowing the entire House to deliberate on any potential revisions.
While acknowledging the broader implications of AI manipulation beyond the bill’s scope, Rubel emphasized the need for comprehensive legislation to address the multifaceted challenges posed by advancing AI technologies.
