California Enacts Tough AI Laws for Elections

California Governor Gavin Newsom has signed some of the nation’s most stringent laws regulating the artificial intelligence (AI) sector, with a particular focus on combating AI deepfakes related to elections.

• Three of the new laws specifically target AI deepfakes that could potentially influence elections.
• These laws require large online platforms to remove or label AI deepfakes related to elections and establish reporting mechanisms for such content.
• Candidates and elected officials have the right to seek legal action if platforms fail to comply.

AI-Generated Political Advertisements

The new regulations extend beyond deepfakes to encompass AI-generated political advertisements. These laws mandate the disclosure of AI-generated content in such advertisements.

• This means that political figures will no longer be able to use AI-generated deepfakes of celebrities or public figures to endorse them without proper disclosure.
• The Federal Communications Commission (FCC) is also pushing for similar disclosure requirements at the national level.

Protecting Actors in Hollywood

The new laws also aim to protect the rights of actors in Hollywood, particularly from unauthorized AI replicas of their voices and likenesses.

• Studios now require permission from actors before creating AI-generated replicas of their voices or appearances.
• Similarly, studios are prohibited from creating digital replicas of deceased performers without consent from their estates.

Governor Newsom's Concerns About AI

Governor Newsom has expressed concerns about the potential risks of AI, especially concerning the impact on the open-source AI ecosystem.

• He is currently considering 38 AI-related bills, including SB 1047, which has raised concerns about its potential chilling effect on the open-source AI ecosystem.
• Newsom has acknowledged the importance of addressing the potential risks of AI while emphasizing the need for a balanced approach.

California Leads the Way in AI Regulation

California's proactive approach to AI regulation highlights its commitment to harnessing the benefits of AI while mitigating its potential risks. The state’s focus on protecting elections, actors, and the open-source AI ecosystem sets a precedent for other jurisdictions considering similar regulations.

• The new laws demonstrate California’s leadership in addressing the challenges posed by AI, particularly in the realm of elections and the entertainment industry.