Dear Chairs Keenan and Ryan, and Members of the Joint Committee on Election Laws: 

I am writing today in strong support of S.2730, An Act relative to deceptive and fraudulent deepfakes in election communications. This legislation would establish guardrails for how synthetic media, or deepfakes, can be utilized in an election context. This bill would (1) prohibit knowingly disseminate deepfakes of a candidate or political party within 90 days of an election without providing a disclaimer, (2) provide guidelines for how the disclaimer must be presented for both video and audio recordings, and (3) empower candidates to seek civil action against those who violate this law. 

As AI technology advances, its ability to produce compelling audio and visual media is accelerating – quickly. With the proliferation of open-source platforms, individuals with the intention to distort truth can easily access and manufacture deepfake media. The result of this can be as widescale as a robocall targeting the Biden campaign urging voters to stay home, or as localized as a principal being framed as racist by deepfake audio.  

Plain-language disclaimers are required in traditional campaign material to identify who paid for and authorized the advertisement. S.2730 would establish comparable expectations for AI-generated campaign material by requiring transparency regarding its original source and synthetic nature to ensure voters are able to fairly compare options and cast a ballot accordingly. This legislation would not apply to news outlets or websites, provided the outlet acknowledges that the authenticity of the deepfake is in question. Journalists have a responsibility to share accurate and timely information, but without a clear disclaimer on that information, cannot reliably discern the authentic from the synthetic. This legislation will ensure that news outlets are not unfairly penalized for broadcasting misleading material, while also preventing an erosion of public trust. 

We missed the boat on establishing guardrails for social media because we were unable to predict the technology’s capability for harm. Today, we know the threat AI poses to democracy. Fourteen other states have enacted legislation comparable to S.2730, and with the next election upon us, I urge the Committee to report this legislation favorably. Thank you for your consideration. 

Sincerely, 

Barry R. Finegold 

State Senator, 2nd Essex & Middlesex District