Proposed Rule2024-21979
Artificial Intelligence in Campaign Ads
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 26, 2024
Issuing agencies
Federal Election Commission
Abstract
The Commission announces its disposition of a Petition for Rulemaking filed on July 13, 2023. The Petition asks the Commission to revise existing rules on the fraudulent misrepresentation of campaign authority to make clear that the related statutory prohibition applies to deliberately deceptive campaign ads using artificial intelligence ("AI"). For the reasons described below, the Commission is not initiating a rulemaking at this time.
Full Text
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<title>Federal Register, Volume 89 Issue 187 (Thursday, September 26, 2024)</title>
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[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Proposed Rules]
[Page 78826]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21979]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 /
Proposed Rules
[[Page 78826]]
FEDERAL ELECTION COMMISSION
11 CFR Part 112
[NOTICE 2024-23]
Artificial Intelligence in Campaign Ads
AGENCY: Federal Election Commission.
ACTION: Notification of disposition of Petition for Rulemaking.
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SUMMARY: The Commission announces its disposition of a Petition for
Rulemaking filed on July 13, 2023. The Petition asks the Commission to
revise existing rules on the fraudulent misrepresentation of campaign
authority to make clear that the related statutory prohibition applies
to deliberately deceptive campaign ads using artificial intelligence
(``AI''). For the reasons described below, the Commission is not
initiating a rulemaking at this time.
DATES: September 26, 2024.
FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General
Counsel, or Ms. Jennifer Waldman, Attorney, 1050 First Street NE,
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: The Federal Election Campaign Act of 1971,
as amended (the ``Act'') prohibits fraudulent misrepresentation in two
specific ways.\1\ First, the Act prohibits a candidate, his or her
employee or agent, or an organization under the candidate's control,
from purporting to speak, write, or act for another candidate or
political party on a matter that is damaging to the other candidate or
party.\2\ Second, the Act prohibits any person from falsely
representing that they are speaking, writing, or acting on behalf of a
federal candidate or a political party for the purpose of soliciting
contributions.\3\ The Commission's regulation implementing 52 U.S.C.
30124 essentially mirrors the statutory text.\4\
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\1\ 52 U.S.C. 30124.
\2\ 52 U.S.C. 30124(a). See also Disclaimers, Fraudulent
Solicitation, Civil Penalties, and Personal Use of Campaign Funds,
67 FR 76962, 76968 (Dec. 13, 2002). The Commission has explained
that ``on a matter that is damaging'' means ``actions or spoken or
written communications that are intended to suppress votes for the
candidate or party who has been fraudulently misrepresented.'' Id.
at 76968-69.
\3\ 52 U.S.C. 30124(b).
\4\ See 11 CFR 110.16.
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On July 13, 2023, Public Citizen submitted a Petition for
Rulemaking (``Petition'') to the Commission, asking it to undertake a
rulemaking ``to clarify that the law against `fraudulent
misrepresentation' (52 U.S.C. 30124) applies to deliberately deceptive
AI-produced content in campaign communications.'' \5\ The Petition
requested that the Commission initiate a rulemaking for the purpose of
amending 11 CFR 110.16(a), requesting that the FEC promulgate a rule
providing that ``if candidates or their agents fraudulently
misrepresent other candidates or political parties through deliberately
false AI-generated content in campaign ads or other communications--
absent clear and conspicuous disclosure in the communication itself
that the content is generated by artificial intelligence and does not
represent real events--then the restrictions and penalties of the law
and the Code of Regulations are applicable.'' \6\
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\5\ Petition at 1.
\6\ Petition at 5.
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On August 16, 2023, the Commission published a Notice of
Availability seeking public comment on the Petition.\7\ It received
more than 2,000 comments in response, including from Members of
Congress, political party committees, advocacy groups across the
ideological spectrum, and individual citizens. Commenters held a range
of views about the desirability of opening the rulemaking requested by
Petitioner.
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\7\ See Notice of Availability, 88 FR 55606 (Aug. 16, 2023).
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Whether or not to open a rulemaking in response to a petition is
vested within the Commission's discretion.\8\ Petitioner asks the
Commission to apply an interpretation of 52 U.S.C. 30124 specifically
for ``AI-produced content in campaign communications.'' \9\ The
statute, however, is technology neutral and applies on its face to all
means of accomplishing the specified fraud, including AI-assisted
media.
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\8\ 11 CFR 200.5 (``The Commission's decision on the petition
for rulemaking may include, but will not be limited to, the
following considerations--(a) The Commission's statutory authority;
(b) Policy considerations; (c) The desirability of proceeding on a
case-by-case basis; (d) The necessity or desirability of a statutory
revision; (e) Available agency resources'').
\9\ Petition at 1.
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Accordingly, the Commission has decided not to initiate a
rulemaking at this time and will instead proceed with any application
of 52 U.S.C. 30124 to specific technologies on a case-by-case basis.
Copies of the comments and the Petition for Rulemaking are
available on the Commission's website, <a href="http://www.fec.gov/fosers/">http://www.fec.gov/fosers/</a> (REG
2023-02 Artificial Intelligence in Campaign Ads (2023)) and at the
Commission's Public Records Office, 1050 First Street NE, Washington,
DC 20463, Monday through Friday between the hours of 9 a.m. and 5 p.m.
Dated: September 20, 2024.
On behalf of the Commission,
Sean J. Cooksey,
Chairman, Federal Election Commission.
[FR Doc. 2024-21979 Filed 9-25-24; 8:45 am]
BILLING CODE P
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