A New Orleans magician recently made headlines for using artificial intelligence (AI) to emulate President Biden’s voice without his consent in a misleading robocall to New Hampshire voters. This was not a magic trick, but rather a demonstration of the risks AI-generated “deepfakes” pose to election integrity.  As rapidly evolving AI capabilities collide with the ongoing 2024 elections, federal and state policymakers increasingly are taking steps to protect the public from the threat of deceptive AI-generated political content.

Media generated by AI to imitate an individual’s voice or likeness present significant challenges for regulators.  As deepfakes increasingly become indistinguishable from authentic content, members of Congress, federal regulatory agencies, and third-party stakeholders all have called for action to mitigate the threats deepfakes can pose for elections.  

Several federal regulators have taken steps to explore the regulation of AI-generated content within their existing jurisdiction.  On February 8, the Federal Communications Commission issued a declaratory ruling confirming that the Telephone Consumer Protection Act restricts the use of “current AI technologies that generate human voices,” an interpretation endorsed by 26 state attorneys general. 

Last year, the Federal Election Commission (FEC) took a step toward clarifying whether AI-generated deepfakes might violate the Federal Election Campaign Act’s prohibition on deceptive campaign practices by requesting comment on whether to initiate a rulemaking on the subject.  After previously deadlocking on a petition from Public Citizen to open such a rulemaking, the FEC voted unanimously in August 2023 to accept public comment on whether to initiate rulemaking procedures, though the agency has not yet taken further action.

Members of Congress also have introduced several bills that regulate deepfakes, though these efforts have moved slowly in committee.  Many lawmakers remain determined to make progress on the issue, as senators from both parties expressed in an April Judiciary Subcommittee hearing. In March, Senators Amy Klobuchar (D-MN) and Lisa Murkowski (R-AK) introduced the bipartisan AI Transparency in Elections Act of 2024 to require clear and conspicuous disclosures in certain political communications that were created or materially altered by artificial intelligence.  Representatives Anna Eshoo (D-CA) and Neal Dunn (R-FL)—members of the House Bipartisan Task Force on Artificial Intelligence—introduced a more generally applicable deepfake disclosure bill that would also address potential impact of the technology on our elections.

Several states already have enacted prohibitions or disclosure requirements on certain forms of manipulated media related to elections, including Minnesota, Texas, and California.  These laws generally prohibit the knowing dissemination of deepfakes within one to three months of an election, and each requires intent to influence the election or the depicted candidate’s reputation.

Even with AI risks top-of-mind for policymakers at all levels, with just seven months until the 2024 general election, a full agenda in Congress, and state legislative sessions coming to a close, the prospects of major reforms in time for this cycle remain uncertain.

Tags: campaign finance, FEC
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Photo of Matthew Shapanka Matthew Shapanka

Matthew Shapanka is a strategic policy and regulatory attorney who helps technology companies and other businesses navigate complex, high-stakes legislative, regulatory, and enforcement matters at the intersection of law and politics. Drawing on 15+ years of experience across private practice, the U.S. Senate…

Matthew Shapanka is a strategic policy and regulatory attorney who helps technology companies and other businesses navigate complex, high-stakes legislative, regulatory, and enforcement matters at the intersection of law and politics. Drawing on 15+ years of experience across private practice, the U.S. Senate, state government, and political campaigns, Matt develops comprehensive policy strategies that identify regulatory risks and position clients to shape policy outcomes.

Public Policy and Regulatory Strategy

Matt serves as a strategic advisor to Fortune 200 companies on emerging technology policy, including artificial intelligence regulation, connected and autonomous vehicles, semiconductors, IoT, and national security matters. He translates complex legal and technical issues into actionable legislative and regulatory strategy, building the policy frameworks and advocacy infrastructure that enable clients to influence policy. He develops policy collateral for federal, state, and international advocacy, coordinates multi-stakeholder coalitions, and represents clients before Congress, federal agencies, and state legislative and regulatory bodies.

His technology policy experience includes securing unprecedented Presidential intervention in the $118 billion Qualcomm-Broadcom transaction (for which Covington was recognized as The American Lawyer 2019 “Dealmakers of the Year”), advising Fortune 200 companies on Bureau of Industry and Security connected vehicle rules, and counseling major internet platforms on autonomous vehicle policy across dozens of states.

Matt leads Covington’s state public policy practice, managing complex multistate legislative and regulatory advocacy campaigns. His state-level work includes securing a last-minute amendment to California’s 2023 money transmitter legislation on behalf of a fintech client and representing major technology companies on state AI, autonomous vehicle, and political advertising compliance matters across dozens of jurisdictions.

Matt rejoined Covington after serving as Chief Counsel for the U.S. Senate Committee on Rules and Administration under Chairwoman Amy Klobuchar (D-MN), where he negotiated the landmark bipartisan Electoral Count Reform Act – legislation that updated presidential election certification procedures for the first time in nearly 140 years. He also oversaw the Committee’s bipartisan January 6th investigation, developing protocols that resulted in unanimous passage of new Capitol security legislation.

Both in Congress and at Covington, Matt has prepared dozens of corporate executives, nonprofit leaders, academics, and presidential nominees for testimony at congressional committee hearings and depositions. He is a skilled legislative drafter and strategist who has composed dozens of bills and amendments introduced in Congress and state legislatures, including many that have been enacted into law.

Election and Political Law Compliance and Enforcement

As a member of Covington’s Chambers-ranked (Band 1) Election and Political Law practice, Matt advises businesses, nonprofits, political committees, candidates, and donors on the full range of federal and state political law compliance matters, including:

Election and campaign finance laws
Lobbying disclosure
Government ethics rules
The SEC Pay-to-Play Rule

He also conducts political law due diligence for M&A transactions, counsels major political funders and donors in compliance and enforcement matters, and represents candidates, ballot measure committees, and donors in election disputes and recounts.

Before law school, Matt served in the administration of former Governor Deval Patrick (D-MA), where he worked on policy, communications, and compliance matters for federal economic recovery funding awarded to the state. He has also staffed federal, state, and local political candidates in Massachusetts and New Hampshire.

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Photo of Samuel Klein Samuel Klein

Samuel Klein counsels clients on mitigating reputational risks, responding to government investigations, and navigating the regulatory and political environment for strategic public engagement. As a member of Covington’s Election and Political Law Practice Group, Sam helps clients facing Congressional investigations and advises on…

Samuel Klein counsels clients on mitigating reputational risks, responding to government investigations, and navigating the regulatory and political environment for strategic public engagement. As a member of Covington’s Election and Political Law Practice Group, Sam helps clients facing Congressional investigations and advises on election administration, ethics, and campaign finance laws. Working with the firm’s Public Policy Practice Group, he advises on federal and state initiatives for clients in technology, finance, and other regulated industries. He maintains an active pro bono practice. Before joining Covington, Sam served as a law clerk at the Federal Election Commission, interned for two committee leaders in Congress, and worked as a public affairs consultant.

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