Voters face uneven AI deepfake protections

Americans across the country could have very different experiences with AI deepfakes leading up to Election Day, thanks to a patchwork of state rules.

Why it matters: AI-generated attack ads and campaign content are rampant leading up to the midterms as candidates across the political spectrum use the technology.

State of play: Twenty-nine states have AI election deepfake laws in effect, while two others — California and Hawaii — have had their laws permanently enjoined, according to the National Conference of State Legislatures.

• Minnesota and Texas prohibit political deepfakes for a certain number of days before an election. Maryland's ban is year-round.
• The other states require disclosures when AI is used in political ads. Some states like Colorado and Utah require more detailed disclosures, such as the deepfake's creator, when it was created and how it was edited.

Friction point: California and Hawaii's AI deepfakes laws were struck down in court on First Amendment grounds.

• Both states are pressing ahead with alternative approaches that don't specifically regulate election AI deepfakes.
• California's AI Transparency Act, part of which went into effect on August 3, requires disclosures of AI-generated images and Hawaii last month passed a law prohibiting deepfakes in ads without the subject's consent.

The big picture: At the federal level, lawmakers have yet to establish a baseline standard for election AI deepfakes.

Zoom out: Congress' first AI deepfakes law addressed a different issue.

• The Take it Down Act, which took effect in May, marked Congress' first attempt at tackling non-consensual intimate imagery — an issue that has collided with election ads targeting women lawmakers.
• Passing the law was one thing. Implementing it effectively is another, advocates say, citing inconsistent removal processes of posts and predicting litigation will be needed to secure strong enforcement.
• Lawmakers are also seeking to build on that first step, with House Democrats planning to push legislation next year specifically targeting election deepfakes if they regain power.

The bottom line: Proposals to tackle AI in elections have been floated in Congress for years, but states have moved faster — creating different realities for voters depending on where they live.