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California laws cracking down on election deepfakes by AI face legal challenges


FILE - Elon Musk arrives at the 10th Breakthrough Prize Ceremony on April 13, 2024, at the Academy Museum of Motion Pictures in Los Angeles. (Photo by Jordan Strauss/Invision/AP, File)

By TRÂN NGUYỄN | Associated press

SACRAMENTO  — California now has some of the toughest laws in the United States to crack down on election deepfakes ahead of the 2024 election after Gov. Gavin Newsom signed three landmark proposals this week at an artificial intelligence conference in San Francisco.

FILE – Elon Musk arrives at the 10th Breakthrough Prize Ceremony on April 13, 2024, at the Academy Museum of Motion Pictures in Los Angeles. (Photo by Jordan Strauss/Invision/AP, File) 

The state could be among the first to test out such legislation, which bans the use of AI to create and circulate false images and videos in political ads close to Election Day.

But now, two of the three laws, including one that was designed to curb the practice in the 2024 election, are being challenged in court through a lawsuit filed Tuesday in Sacramento.

Those include one that takes effect immediately that allows any individual to sue for damages over election deepfakes, while the other requires large online platforms, like X, to remove the deceptive material starting next year.

The lawsuit, filed by a person who created parody videos featuring altered audios of Vice President and Democratic presidential nominee Kamala Harris, says the laws censor free speech and allow anybody to take legal action over content they dislike. At least one of his videos was shared by Elon Musk, owner of the social media platform X, which then prompted Newsom to vow to ban such content on a post on X.

The governor’s office said the law doesn’t ban satire and parody content. Instead, it requires the disclosure of the use of AI to be displayed within the altered videos or images.

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“It’s unclear why this conservative activist is suing California,” Newsom spokesperson Izzy Gardon said in a statement. “This new disclosure law for election misinformation isn’t any more onerous than laws already passed in other states, including Alabama.”

Theodore Frank, an attorney representing the complainant, said the California laws are too far reaching and are designed to “force social media companies to censor and harass people.”

“I’m not familiar with the Alabama law. On the other hand, the governor of Alabama had hasn’t threatened our client the way …read more

Source:: The Mercury News – Entertainment

      

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