AI deepfakes test Oregon election law
Add Axios as your preferred source to
see more of our stories on Google.
Oregon is one of 29 states regulating AI deepfakes in elections, reflecting the patchwork of rules governing the tech across the country.
Why it matters: AI-generated attack ads and campaign content are rampant leading up to the midterms, with candidates across the political spectrum using the technology.
State of play: Oregon Senate Bill 1571, passed in 2024, requires candidates to disclose when they use AI to create campaign ads.
- Minnesota and Texas prohibit political deepfakes for a certain number of days before an election. Maryland's ban is year-round.
- Yes, but: Similar laws in California and Hawaii were struck down in court on First Amendment grounds, according to the National Conference of State Legislatures.
Zoom in: Oregon's AI election law is getting its first test this year after complaints about ads run by Jonathan Lockwood, who unsuccessfully ran in the 5th Congressional District primary to unseat U.S. Rep. Janelle Bynum, OPB reported.
- One ad showed Bynum and Gov. Tina Kotek with glowing red eyes chasing a group of scared children.
- Another showed Bynum in a McDonald's uniform handing a drag queen keys to a girl's locker room and saying "Don't let me down."
- The Secretary of State's office initiated an investigation in July following a complaint.
Lockwood wrote to state officials that the ads were so outlandish that no one could mistake them for the real thing.
- The Secretary of State's office told Axios the investigation is ongoing.
- If he's found to have broken the law, Lockwood could face prosecution and a fine of up to $10,000.
The big picture: At the federal level, lawmakers have yet to establish a baseline standard for election AI deepfakes.
- Congress did attempt to tackle nonconsensual intimate deepfakes — an issue that has collided with election ads targeting women lawmakers.
- But implementation has been difficult, advocates say, citing inconsistent processes for removing posts and predicting litigation will be needed for strong enforcement.
- House Democrats say they plan to push legislation next year targeting election deepfakes if they regain power.
The bottom line: Proposals to tackle AI in elections have been floated in Congress for years, but Oregon has proven ahead of the curve, at least so far.