AI Penalties – David Cook, the general counsel for the Secretary of State’s Office, testified on SB 484 before the state Senate Judiciary Committee on Wednesday, addressing disclosures and penalties related to the use of synthetic media and artificial intelligence. – Photo courtesy of WV legislative photographs
Charleston – With an increase in the use of images generated by artificial intelligence programs and “deepfakes” used to disrupt voters, lawmakers want to place restrictions on AI use during elections.
The state Senate Judiciary Committee amended and recommended Senate Bill 484 for passage Wednesday afternoon, sending the bill to the full Senate.
SB 484 aims to regulate the use of AI and synthetic media in elections. The bill prohibits the distribution of deceptive synthetic media aimed at harming candidates or affecting election outcomes within 90 days of the election, unless the disclaimer is used.
David Cook, the secretary of state adviser, told committee members that 19 other states have similar laws governing the use of AI during elections.
“Now, AI is not regulated, at least as it relates to elections,” Cook said. “This is a disclaimer. This means that someone will be there within 90 days of the election that they will need to include a disclaimer to attack candidates using synthetic media generated by AI.”
The bill defines “synthetic media” as “images, audio recordings, or video recordings of the appearance, voice, or behavior of an individual intentionally manipulated using artificial intelligence or similar digital technologies.” Composite media must be shown to manipulate people to think that media is authentic when it influences or affects individuals about a candidate.
“If I’m a candidate and wanted to photoshoot Donald Trump and my photos, that’s not violating this law,” Cook explained. “This is a law that protects people from being attacked by others via AI, and finally, it is trying to hurt candidates and affect the outcome of the election.
The proposed law states that if synthetic media is used, “it should include clear and prominent disclaimers indicating that synthetic media is manipulated by technical means and depicts speeches or actions that did not occur. The bill specifies requirements for disclaimer placement, font size, audio distribution, and inclusion in metadata.
The bill includes exceptions to protect First Amendment rights, libraries, educational institutions, and certain news and media outlets with certain conditions.
“This (the building) is very small. I think some of the bills introduced last year were very broad,” Cook said. “That’s why we did research in the Secretary of State’s office to ensure that candidates are protected from this kind of science, but at the same time it has not violated a person’s initial right to amend their rights.”
Violators may face misdemeanor charges and will receive a fine of up to $1,000, along with potential civil penalties if convicted. The bill requires evidence that synthetic media distributors “know” that they misrepresent individuals. The amendments provided by R-Brooke State Sen. Ryan Weld were approved by the committee to include cases where the person has “reason for knowing” media falsehoods.
Complaints regarding the use of AI and synthetic media will be made to the State Election Commission through the Secretary of State’s office. State Sen. R-Jefferson, Patricia Rucker, asked how she could determine whether someone violated the proposed law.
“Let’s say you’re claiming this is being used against me. I’m asserting it’s artificial. How do you tell it was artificial?” asked Rucker.
“There’s a way you actually see what metadata is…,” Cook said. “That’s the data about the data. And this allows us to track this media as part of our investigation. In other words, it works in conjunction with the power of subpoena chasing service providers to see if service providers follow the rules.”
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