Artificial Intelligence in Campaign Ads, 78826 [2024-21979]

Agencies

• Federal Election Commission

[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Proposed Rules]
[Page 78826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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, https://www.fec.gov/fosers/ (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]
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