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A video that appeared on YouTube a few weeks ago purported to show a verbal altercation between Gov. Gavin Newsom and Missouri Republican Sen. Josh Hawley during a congressional session.
According to the footage, during their argument about a lawsuit that Newsom had filed, Hawley allegedly cleaned Newsom’s clock. The issue is that it was phony, consisting of narration explaining what allegedly transpired and brief video clips of both leaders.
The movie, which is no longer available on YouTube, is a quite obscene illustration of how technology can be used to make things look real.
Deepfakes are more advanced forms of artificial intelligence that can really put words in the lips of political figures or even build people that look real.
Christopher Kohls, who goes by Mr. Reagan on social media, shared a video last year in which Kamala Harris appeared to admit that she was the best diversity hiring when Joe Biden selected her to be his running mate for vice president.
Elon Musk shared it on his social media site X, provoking criticism from Newsom and a promise to ban similar content, despite Kohls’ claims that it was a satire. Following his alliance with Donald Trump, Musk, the billionaire electric car and rocket tycoon, had numerous run-ins with him.
Two measures that will either regulate or outlaw AI-generated political videos were signed by Newsom in a matter of weeks.Kohl filed a lawsuit, claiming that they were violating free speech, and other material makers joined him.
One of the bills, Assembly Bill 2655, which was supported by Palo Alto Democrat Assemblyman Marc Berman, was overturned last week by federal judge John Mendez in Sacramento. He decided that X and other websites are shielded from liability for content uploaded by third parties, like Musk or Kohl, by the federal Communications Decency Act.
During election seasons, AB 2655 would have prohibited websites from publishing misleading political content. According to Mendez, they have nothing to do with the videos that the state is protesting.
Notably, Mendez stated that he would also oppose Assembly Bill 2839, the second bill, which was introduced by Santa Cruz Democrat Assemblywoman Gail Pellerin. It would make it illegal for anybody to intentionally spread an election-related advertising or other communication that includes any materially misleading information.
Mendez added, “I believe the statute just fails miserably in accomplishing what it would like to do.” It has turned into a censorship law, and it will never be able to endure.
Voters are more inclined to accept claims that those on the opposing sides of the political spectrum are malevolent, dishonest, and power-hungry as the nation’s political division widens. Meanwhile, political deepfakes are becoming increasingly complex and able to trick unsuspecting people into believing their lies thanks to artificial intelligence.
Although exaggeration, selective facts, and outright lies have always been present in political campaigns, newspapers and other political media have typically kept them at least somewhat in control.
Unfortunately, though, the mainstream media have struggled financially and are therefore less able to control political debate. As alternative sources, X, YouTube, podcasts, and other digital media have proliferated, but they typically reinforce division rather than lessen it.
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Judge Mendez decided that the legislation passed by Democratic lawmakers and a Democratic governor last year violate free expression even though they were obviously intended to destroy media on the opposing side of the ideological spectrum.
The solution cannot be censorship. The strategy adopted by Newsom and lawmakers is a precipice that would provoke reprisals from their political opponents, widening the already glaring rift in politics.
Still, it is a real conundrum. Any attempt to restrict free speech, no matter how repulsive, is just as dangerous as the unrestricted use of AI-driven deepfakes in political campaigns.
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