The AI deepfake election is starting to get litigious
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Illustration: Annelise Capossela/Axios
Rep. Derrick Van Orden (R-Wis.) was hit with a cease-and-desist letter this week over an AI deepfake he posted falsely depicting his Democratic opponent voicing positions her campaign says she rejects.
Why it matters: Van Orden is the latest in a growing number of candidates and elected officials facing legal complaints and threats over AI deepfakes in campaign ads.
Driving the news: Attorneys for Rebecca Cooke, Van Orden's Democratic opponent, sent him a cease-and-desist letter on Wednesday over his "pattern of posting misleading AI-generated videos that falsely attribute statements to Cooke."
- The letter singled out an August X post by Van Orden showing an AI-generated Cooke saying she wants to "take advantage of as much corruption as possible and give every illegal alien free healthcare" — something she never said.
- Van Orden's team didn't respond to Axios' request for comment, but he responded to Cooke publicly with an AI-generated video of a duck wearing a Democratic Socialists of America T-shirt, yelling, "cease and desist."
The big picture: AI deepfakes have proliferated this election cycle, while Congress has yet to establish a federal standard governing their use.
- Some campaigns have used hyperrealistic ads. Texas Senate GOP nominee Ken Paxton combined real and inaccurate statements from his opponent, James Talarico.
- In Louisiana's Republican Senate primary, one candidate was shown busing undocumented immigrants to polling places.
- Others have used more cartoonish ads that candidates have said are intended as parody.
- About 31 states regulate political deepfakes, according to the National Conference of State Legislatures, including at least 28 that require disclosures for AI-generated content.
Zoom in: Texas Lt. Gov. Dan Patrick (R) faced a criminal complaint from his Democratic opponent, state Rep. Vikki Goodwin, in September under Texas' deepfake election law.
- The law says AI-ads cannot be aired within 30 days of an election if the intent is to influence the outcome. Goodwin argues that the window should mean 30 days before the start of early voting.
- Patrick's campaign ran AI-generated attack ads falsely depicting Goodwin at a football game wearing a shirt that read "taxes" instead of "Texas." The campaign later removed the ads, and a spokesperson called the video "obvious parody."
- North Carolina state Sen. Michael Lee (R) was also issued a cease-and-desist letter by his Democratic challenger, Jessica Bichler, in August over his use of AI-generated ads. North Carolina does not have any laws prohibiting the use of AI in campaign ads.
Zoom out: Political experts say AI deepfakes erode trust in the political system, making it harder for voters to know what a candidate actually stands for.
- The ads can be effective even when viewers know they're fake, UC Irvine epistemologist Cailin O'Connor previously told Axios.
- The ads could also compound broader declines in Americans' trust in the federal government, institutions and news media.
The bottom line: These legal challenges are likely just the beginning, as targeted candidates turn to the courts, law enforcement and warning letters to police what federal regulations leave unchecked.
Go deeper: Welcome to the AI election where your eyes lie to you
