Protect Elections from Deceptive AI Act
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Sen. Klobuchar, Amy [D-MN]
ID: K000367
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Bill Summary
(sigh) Oh joy, another bill that's supposed to "protect" us from the big bad world of AI-generated media. How quaint.
Let's dissect this mess, shall we?
**New regulations being created or modified:** This bill creates a new section in the Federal Election Campaign Act of 1971, which prohibits the distribution of "materially deceptive AI-generated audio or visual media" related to federal candidates. Because, you know, politicians are just so trustworthy and wouldn't dream of manipulating public opinion.
**Affected industries and sectors:** The usual suspects: social media platforms, online advertising companies, and anyone who dares to create content that might be deemed "deceptive." Oh, and let's not forget the poor souls who will have to navigate this regulatory nightmare: campaign staff, PR firms, and lawyers. Joy.
**Compliance requirements and timelines:** The bill doesn't specify any clear compliance requirements or timelines, because why bother with details when you can just wing it? It does mention that certain entities (like news organizations) are exempt from these regulations, but only if they clearly disclose the "authenticity" of the AI-generated media. Because a simple disclaimer will totally prevent people from being deceived.
**Enforcement mechanisms and penalties:** Ah, now we get to the fun part! The bill allows for civil actions, including injunctive relief and damages, against anyone who distributes "materially deceptive AI-generated audio or visual media." But don't worry, it's not like this will lead to a slew of frivolous lawsuits or anything. And if you're found guilty, you might even get to pay some attorney's fees! (Just what every politician wants: more lawyers.)
**Economic and operational impacts:** This bill is a gift to the lobbying industry, as companies will need to hire armies of lawyers and compliance experts to navigate these new regulations. It's also a boon for the tech sector, which will get to sell even more "AI-detection" software to desperate campaigns. And let's not forget the politicians themselves, who will now have an excuse to grandstand about "protecting democracy" while doing absolutely nothing to address the real issues.
Diagnosis: This bill is suffering from a bad case of " Politician-itis," a disease characterized by a complete lack of understanding of technology, a desire for self-aggrandizement, and a healthy dose of hypocrisy. Symptoms include: overregulation, vague language, and a complete disregard for the unintended consequences of their actions.
Treatment: A strong dose of reality, followed by a healthy injection of skepticism and critical thinking. Unfortunately, this patient is unlikely to recover anytime soon.
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đź’° Campaign Finance Network
Sen. Klobuchar, Amy [D-MN]
Congress 119 • 2024 Election Cycle
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Project 2025 Policy Matches
This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.
Introduction
— 849 — Federal Communications Commission Big Tech, and it should look to Section 230 and the Consolidated Reporting Act as potential sources of authority.19 In acting, the FCC could require these platforms to provide greater specificity regarding their terms of service, and it could hold them accountable by prohibiting actions that are inconsistent with those plain and particular terms. Within this framework, Big Tech should be required to offer a transparent appeals process that allows for the challenging of pretextual takedowns or other actions that violate clear rules of the road. l Support legislation that scraps Section 230’s current approach. The FCC should work with Congress on more fundamental Section 230 reforms that go beyond interpreting its current terms. Congress should do so by ensuring that Internet companies no longer have carte blanche to censor protected speech while maintaining their Section 230 protections. As part of those reforms, the FCC should work with Congress to ensure that antidiscrimination provisions are applied to Big Tech—including “back-end” companies that provide hosting services and DDoS protection. Reforms that prohibit discrimination against core political viewpoints are one way to do this and would track the approach taken in a social media law passed in Texas, which was upheld on appeal in late 2022 by the U.S. Court of Appeals for the Fifth Circuit.20 In all of this, Congress can make certain points clear. It could focus legislation on dominant, general-use platforms rather than specialized ones. This could include excluding comment sections in online publications, specialized message boards, or communities within larger platforms that self-moderate. Similarly, Congress could legislate in a way that does not require any platform to host illegal content; child pornography; terrorist speech; and indecent, profane, or similar categories of speech that Congress has previously carved out. l Support efforts to empower consumers. The FCC and Congress should work together to formulate rules that empower consumers. Section 230 itself codifies “user control” as an express policy goal and encourages Internet platforms to provide tools that will “empower” users to engage in their own content moderation. As Congress takes up reforms, it should therefore be mindful of how we can return to Internet users the power to control their online experiences. One idea is to empower consumers to choose their own content filters and fact checkers, if any. The FCC should also work with Congress to ensure stronger protections against young children accessing social media sites despite age restrictions that generally prohibit their use of these sites.
Introduction
— 849 — Federal Communications Commission Big Tech, and it should look to Section 230 and the Consolidated Reporting Act as potential sources of authority.19 In acting, the FCC could require these platforms to provide greater specificity regarding their terms of service, and it could hold them accountable by prohibiting actions that are inconsistent with those plain and particular terms. Within this framework, Big Tech should be required to offer a transparent appeals process that allows for the challenging of pretextual takedowns or other actions that violate clear rules of the road. l Support legislation that scraps Section 230’s current approach. The FCC should work with Congress on more fundamental Section 230 reforms that go beyond interpreting its current terms. Congress should do so by ensuring that Internet companies no longer have carte blanche to censor protected speech while maintaining their Section 230 protections. As part of those reforms, the FCC should work with Congress to ensure that antidiscrimination provisions are applied to Big Tech—including “back-end” companies that provide hosting services and DDoS protection. Reforms that prohibit discrimination against core political viewpoints are one way to do this and would track the approach taken in a social media law passed in Texas, which was upheld on appeal in late 2022 by the U.S. Court of Appeals for the Fifth Circuit.20 In all of this, Congress can make certain points clear. It could focus legislation on dominant, general-use platforms rather than specialized ones. This could include excluding comment sections in online publications, specialized message boards, or communities within larger platforms that self-moderate. Similarly, Congress could legislate in a way that does not require any platform to host illegal content; child pornography; terrorist speech; and indecent, profane, or similar categories of speech that Congress has previously carved out. l Support efforts to empower consumers. The FCC and Congress should work together to formulate rules that empower consumers. Section 230 itself codifies “user control” as an express policy goal and encourages Internet platforms to provide tools that will “empower” users to engage in their own content moderation. As Congress takes up reforms, it should therefore be mindful of how we can return to Internet users the power to control their online experiences. One idea is to empower consumers to choose their own content filters and fact checkers, if any. The FCC should also work with Congress to ensure stronger protections against young children accessing social media sites despite age restrictions that generally prohibit their use of these sites. — 850 — Mandate for Leadership: The Conservative Promise It should be noted at this point that the views expressed here are not shared uniformly by all conservatives. There are some, including contributors to this chapter, who do not think that the FCC or Congress should act in a way that regulates the content-moderation decisions of private platforms. One of the main arguments that this group offers is that doing so would intrude— unlawfully in their view—on the First Amendment rights of corporations to exclude content from their private platforms. l Require that Big Tech begin to contribute a fair share. Big Tech has avoided accountability in several additional ways as well. One of them concerns the FCC’s roughly $9 billion Universal Service Fund. This initiative provides the support necessary to subsidize the agency’s affordable Internet and rural connectivity programs. The FCC obtains this funding through a line-item charge that carriers add to consumers’ monthly bills for traditional telecommunications service. While Big Tech derives tremendous value from the federal government’s universal service investments—using those federally supported networks to deliver their products and realize significant profits—these large corporations have avoided paying a fair share into the program. On top of that, the FCC’s current funding mechanism has been on an unsustainable path.21 By requiring traditional telephone customers to contribute to a fund that is being used increasingly to support broadband networks, the FCC’s current approach is the regulatory equivalent of taxing horseshoes to pay for highways. To put the FCC’s universal service program on a stable footing, Congress should require Big Tech companies to start contributing an appropriate amount. Conservatives are not unanimous in agreeing that the FCC should expand the USF contribution base. Instead, some argue that Congress should revisit the program’s entire funding structure and determine whether to continue subsidizing the provision of service. Future funding decisions, the argument goes, should be made by Congress through the normal appropriation process through which the USF program can compete for funding with other national initiatives. These decisions should be made with an eye to right-sizing the federal government’s existing broadband initiatives in light of both technological advances and the recent influx of billions of dollars in new appropriations that can be used to support efforts to end the digital divide. Protecting America’s National Security. During the Trump Administra- tion, the FCC ushered in a new and appropriately strong approach to the national
Introduction
— 546 — Mandate for Leadership: The Conservative Promise the story into the 2016 election through strategic media leaks, falsified Foreign Intelligence Surveillance Act (FISA) warrant applications, and lied to Congress.6 l Personnel within the FBI engaged in a campaign to convince social media companies and the media generally that the story about the contents of Hunter Biden’s laptop was the result of a Russian misinformation campaign—while the FBI had possession of the laptop the entire time and could have clarified the authenticity of the source.7 l The DOJ engaged in conduct to chill the free speech rights of parents across the United States in response to supposed “threats” against school boards,8 yet it failed to engage in any concerted campaign to protect the rights of Americans who actually were terrorized by acts of violence like those perpetrated against pregnancy care centers.9 l The FBI tasked agents with monitoring social media and flagging content they deemed to be “misinformation” or “disinformation” (not associated with any plausible criminal conspiracy to deprive anyone of any rights) for platforms to remove.10 l The FBI engaged in a domestic influence operation to pressure social media companies to report more “foreign influence” than the FBI was actually seeing and stop the dissemination of and censor true information directly related to the 2020 presidential election.11 l The department has devoted unprecedented resources to prosecuting American citizens for misdemeanor trespassing offenses or violations of the FACE Act12 while dismissing prosecutions against radical agents of the Left like Antifa.13 l The department has consistently threatened that any conduct not aligning with the liberal agenda “could” violate federal law—without actually taking a position that the conduct in question is illegal—using the prospect of protracted litigation and federal sanctions to chill disfavored behavior such as with state efforts to restrict abortion14 or prevent genital mutilation of children.15 l The department has sued multiple states regarding their efforts to enhance election integrity.16 — 547 — Department of Justice l The department has failed to do its part to stop the flood of fentanyl and other deadly drugs that are flowing across our borders and decimating families and communities across the United States.17 l The department has abdicated its responsibility to assist in the enforcement of our immigration laws and has engaged in wholescale abandonment of its duty to adjudicate cases in the immigration court system. These actions stand in stark contrast to Attorney General Merrick Garland’s assertion before taking office that “there [must] not be one rule for Democrats and another for Republicans, one rule for friends and another for foes.”18 While it is true, as it is with other federal departments and agencies, that there are committed career personnel across the department who perform their duties faithfully and with the best intentions, this small sampling of scandals illustrates that the DOJ has become a bloated bureaucracy with a critical core of person- nel who are infatuated with the perpetuation of a radical liberal agenda and the defeat of perceived political enemies. It has become a Cabinet-level department whose leadership appears to care more about how they are perceived in the next Politico or Washington Post article, or their stature with any number of radical leftist organizations, than they do about justice and advancing the interests of the American people. It is essential that the next conservative Administration place a high priority on reforming the DOJ and its culture to align the department with its core purposes and advance the national interest. Critically, this must include the FBI. Anything other than a top-to-bottom overhaul will only further erode the trust of significant portions of the American people and harm the very fabric that holds together our constitutional republic. At a practical level, not reforming the Department of Jus- tice will also guarantee the failure of that conservative Administration’s agenda in countless other ways. Successful reform will require more than minor peripheral adjustments. It will require a holistic, energetic, leadership-driven effort to remedy the damage that has been done and advance the national interest. Additionally, some needed reforms will not be possible without legislative changes from Congress. While it is true that certain offices and components—like the FBI or the Civil Rights Division—will require more attention than others, committed direction from the department’s political leadership can restore the department’s focus on its two core functions: protecting public safety and defending the rule of law. This chapter features prominently the things the department must do to restore its focus on these functions. Of course, there are other important reforms that do not necessarily fit within either of those core functions, so this chapter includes an additional section to address those areas.
Showing 3 of 5 policy matches
About These Correlations
Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.