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California is racing to combat deepfakes ahead of the election

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California is racing to combat deepfakes ahead of the election

Days after Vice President Kamala Harris launched her presidential bid, a video — created with the help of artificial intelligence — went viral.

“I … am your Democrat candidate for president because Joe Biden finally exposed his senility at the debate,” a voice that sounded like Harris’ said in the fake audio track used to alter one of her campaign ads. “I was selected because I am the ultimate diversity hire.”

Billionaire Elon Musk — who has endorsed Harris’ Republican opponent, former President Trump— shared the video on X, then clarified two days later that it was actually meant as a parody. His initial tweet had 136 million views. The follow-up calling the video a parody garnered 26 million views.

To Democrats, including California Gov. Gavin Newsom, the incident was no laughing matter, fueling calls for more regulation to combat AI-generated videos with political messages and a fresh debate over the appropriate role for government in trying to contain emerging technology.

On Friday, California lawmakers gave final approval to a bill that would prohibit the distribution of deceptive campaign ads or “election communication” within 120 days of an election. Assembly Bill 2839 targets manipulated content that would harm a candidate’s reputation or electoral prospects along with confidence in an election’s outcome. It’s meant to address videos like the one Musk shared of Harris, though it includes an exception for parody and satire.

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“We’re looking at California entering its first-ever election during which disinformation that’s powered by generative AI is going to pollute our information ecosystems like never before and millions of voters are not going to know what images, audio or video they can trust,” said Assemblymember Gail Pellerin (D-Santa Cruz). “So we have to do something.”

Newsom has signaled he will sign the bill, which would take effect immediately, in time for the November election.

The legislation updates a California law that bars people from distributing deceptive audio or visual media that intends to harm a candidate’s reputation or deceive a voter within 60 days of an election. State lawmakers say the law needs to be strengthened during an election cycle in which people are already flooding social media with digitally altered videos and photos known as deepfakes.

The use of deepfakes to spread misinformation has concerned lawmakers and regulators during previous election cycles. These fears increased after the release of new AI-powered tools, such as chatbots that can rapidly generate images and videos. From fake robocalls to bogus celebrity endorsement of candidates, AI-generated content is testing tech platforms and lawmakers.

Under AB 2839, a candidate, election committee or elections official could seek a court order to get deepfakes pulled down. They could also sue the person who distributed or republished the deceptive material for damages.

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The legislation also applies to deceptive media posted 60 days after the election, including content that falsely portrays a voting machine, ballot, voting site or other election-related property in a way that is likely to undermine the confidence in the outcome of elections.

It doesn’t apply to satire or parody that’s labeled as such, or to broadcast stations if they inform viewers that what is depicted doesn’t accurately represent a speech or event.

Tech industry groups oppose AB 2839, along with other bills that target online platforms for not properly moderating deceptive election content or labeling AI-generated content.

“It will result in the chilling and blocking of constitutionally protected free speech,” said Carl Szabo, vice president and general counsel for NetChoice. The group’s members include Google, X and Snap as well as Facebook’s parent company, Meta, and other tech giants.

Online platforms have their own rules about manipulated media and political ads, but their policies can differ.

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Unlike Meta and X, TikTok doesn’t allow political ads and says it may remove even labeled AI-generated content if it depicts a public figure such as a celebrity “when used for political or commercial endorsements.” Truth Social, a platform created by Trump, doesn’t address manipulated media in its rules about what’s not allowed on its platform.

Federal and state regulators are already cracking down on AI-generated content.

The Federal Communications Commission in May proposed a $6-million fine against Steve Kramer, a Democratic political consultant behind a robocall that used AI to impersonate President Biden’s voice. The fake call discouraged participation in New Hampshire’s Democratic presidential primary in January. Kramer, who told NBC News he planned the call to bring attention to the dangers of AI in politics, also faces criminal charges of felony voter suppression and misdemeanor impersonation of a candidate.

Szabo said current laws are enough to address concerns about election deepfakes. NetChoice has sued various states to stop some laws aimed at protecting children on social media, alleging they violate free speech protections under the 1st Amendment.

“Just creating a new law doesn’t do anything to stop the bad behavior, you actually need to enforce laws,” Szabo said.

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More than two dozen states, including Washington, Arizona and Oregon, have enacted, passed or are working on legislation to regulate deepfakes, according to the consumer advocacy nonprofit Public Citizen.

In 2019, California instituted a law aimed at combating manipulated media after a video that made it appear as if House Speaker Nancy Pelosi was drunk went viral on social media. Enforcing that law has been a challenge.

“We did have to water it down,” said Assemblymember Marc Berman (D-Menlo Park), who authored the bill. “It attracted a lot of attention to the potential risks of this technology, but I was worried that it really, at the end of the day, didn’t do a lot.”

Rather than take legal action, said Danielle Citron, a professor at the University of Virginia School of Law, political candidates might choose to debunk a deepfake or even ignore it to limit its spread. By the time they could go through the court system, the content might already have gone viral.

“These laws are important because of the message they send. They teach us something,” she said, adding that they inform people who share deepfakes that there are costs.

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This year, lawmakers worked with the California Initiative for Technology and Democracy, a project of the nonprofit California Common Cause, on several bills to address political deepfakes.

Some target online platforms that have been shielded under federal law from being held liable for content posted by users.

Berman introduced a bill that requires an online platform with at least 1 million California users to remove or label certain deceptive election-related content within 120 days of an election. The platforms would have to take action no later than 72 hours after a user reports the post. Under AB 2655, which passed the Legislature Wednesday, the platforms would also need procedures for identifying, removing and labeling fake content. It also doesn’t apply to parody or satire or news outlets that meet certain requirements.

Another bill, co-authored by Assemblymember Buffy Wicks (D-Oakland), requires online platforms to label AI-generated content. While NetChoice and TechNet, another industry group, oppose the bill, ChatGPT maker OpenAI is supporting AB 3211, Reuters reported.

The two bills, though, wouldn’t take effect until after the election, underscoring the challenges with passing new laws as technology advances rapidly.

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“Part of my hope with introducing the bill is the attention that it creates, and hopefully the pressure that it puts on the social media platforms to behave right now,” Berman said.

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FBI Director Kash Patel says bureau ramping up AI to counter domestic, global threats

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FBI Director Kash Patel says bureau ramping up AI to counter domestic, global threats

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FBI Director Kash Patel said Saturday that the agency is ramping up its use of artificial intelligence (AI) tools to counter domestic and international threats.

In a post on X, Patel said the FBI has been advancing its technology, calling AI a “key component” of its strategy to respond to threats and stay “ahead of the game.”

“FBI has been working on key technology advances to keep us ahead of the game and respond to an always changing threat environment both domestically and on the world stage,” Patel wrote. “Artificial intelligence is a key component of this.”

‘PEOPLE WOULD HAVE DIED’: INSIDE THE FBI’S HALLOWEEN TAKEDOWN THAT EXPOSED A GLOBAL TERROR NETWORK

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Kash Patel, director of the FBI, speaks during a news conference at the Department of Justice in Washington, D.C. ( Eric Lee/Bloomberg via Getty Images)

Patel said the bureau is developing an AI initiative aimed at supporting investigators and analysts working in the national security space.

“We’ve been working on an AI project to assist our investigators and analysts in the national security space — staying ahead of bad actors and adversaries who seek to do us harm,” he said.

Patel added that FBI leadership has established a “technology working group” led by outgoing Deputy Director Dan Bongino to ensure the agency’s tools “evolve with the mission.”

EXCLUSIVE: FBI CONCLUDES TRUMP SHOOTER THOMAS CROOKS ACTED ALONE AFTER UNPRECEDENTED GLOBAL INVESTIGATION

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The bureau is ramping up its use of AI tools to counter domestic and international threats. (Brendan Smialowski/AFP )

“These are investments that will pay dividends for America’s national security for decades to come,” Patel said.

A spokesperson for the FBI told Fox News Digital it had nothing further to add beyond Patel’s X post.

The FBI currently uses AI for tools such as vehicle recognition, voice-language identification, speech-to-text analysis and video analytics, according to the agency’s website.

DAN BONGINO TO RESIGN FROM FBI DEPUTY DIRECTOR ROLE IN JANUARY

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Patel credited outgoing Deputy Director Dan Bongino for his leadership with the AI initiative. (Michael M. Santiago/Getty Images)

Earlier this week, Bongino announced he would leave the bureau in January after speculation rose concerning his departure.

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“I will be leaving my position with the FBI in January,” Bongino wrote in an X post Wednesday. “I want to thank President [Donald] Trump, AG [Pam] Bondi, and Director Patel for the opportunity to serve with purpose. Most importantly, I want to thank you, my fellow Americans, for the privilege to serve you. God bless America, and all those who defend Her.”

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Lawmakers weigh impeachment articles for Bondi over Epstein file omissions

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Lawmakers weigh impeachment articles for Bondi over Epstein file omissions

Lawmakers unhappy with Justice Department decisions to heavily redact or withhold documents from a legally mandated release of files related to Jeffrey Epstein threatened Saturday to launch impeachment proceedings against those responsible, including Pam Bondi, the U.S. attorney general.

Democrats and Republicans alike criticized the omissions, while Democrats also accused the Justice Department of intentionally scrubbing the release of at least one image of President Trump, with Senate Minority Leader Chuck Schumer (D-N.Y.) suggesting it could portend “one of the biggest coverups in American history.”

Trump administration officials have said the release fully complied with the law, and that its redactions were crafted only to protect victims of Epstein, a disgraced financier and convicted sex offender accused of abusing hundreds of women and girls before his death in 2019.

Rep. Ro Khanna (D-Fremont), an author of the Epstein Files Transparency Act, which required the release of the investigative trove, blasted Bondi in a social media video, accusing her of denying the existence of many of the records for months, only to push out “an incomplete release with too many redactions” in response to — and in violation of — the new law.

Khanna said he and the bill’s co-sponsor, Rep. Thomas Massie (R-Ky.), were “exploring all options” for responding and forcing more disclosures, including by pursuing “the impeachment of people at Justice,” asking courts to hold officials blocking the release in contempt, and “referring for prosecution those who are obstructing justice.”

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“We will work with the survivors to demand the full release of these files,” Khanna said.

He later added in a CNN interview that he and Massie were drafting articles of impeachment against Bondi, though they had not decided whether to bring them forward.

Massie, in his own social media post, said Khanna was correct in rejecting the Friday release as insufficient, saying that it “grossly fails to comply with both the spirit and the letter of the law.”

The lawmakers’ view that the Justice Department’s document dump failed to comply with the law echoed similar complaints across the political spectrum Saturday, as the full scope of redactions and other withholdings came into focus.

The frustration had already sharply escalated late Friday, after Fox News Digital reported that the names and identifiers of not just victims but of “politically exposed individuals and government officials” had been redacted from the records — which would violate the law, and which Justice Department officials denied.

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Among the critics was Rep. Marjorie Taylor Greene (R-Ga.), who cited the Fox reporting in an exasperated post late Friday to X.

“The whole point was NOT to protect the ‘politically exposed individuals and government officials.’ That’s exactly what MAGA has always wanted, that’s what drain the swamp actually means. It means expose them all, the rich powerful elites who are corrupt and commit crimes, NOT redact their names and protect them,” Greene wrote.

Senior Justice Department officials later called in to Fox News to dispute the report. But the removal of a file published in the Friday evening release, capturing a desk in Epstein’s home with a drawer filled of photos of Trump, reinforced bipartisan concerns that references to the president had been illegally withheld.

In a release of documents from the Epstein family estate by the House Oversight Committee this fall, Trump’s name was featured over 1,000 times — more than any other public figure.

“If they’re taking this down, just imagine how much more they’re trying to hide,” Schumer wrote on X. “This could be one of the biggest coverups in American history.”

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Several victims also said the release was insufficient. “It’s really kind of another slap in the face,” Alicia Arden, who went to the police to report that Epstein had abused her in 1997, told CNN. “I wanted all the files to come out, like they said that they were going to.”

Trump, who signed the act into law after having worked to block it from getting a vote, was conspicuously quiet on the matter. In a long speech in North Carolina on Friday night, he did not mention it.

However, White House officials and Justice Department leaders rejected the notion that the release was incomplete or out of compliance with the law, or that the names of politicians had been redacted.

“The only redactions being applied to the documents are those required by law — full stop,” said Deputy Atty. Gen. Todd Blanche. “Consistent with the statute and applicable laws, we are not redacting the names of individuals or politicians unless they are a victim.”

Other Republicans defended the administration. Rep. James Comer (R-Ky.), chair of the House Oversight Committee, said the administration “is delivering unprecedented transparency in the Epstein case and will continue releasing documents.”

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Epstein died in a Manhattan jail awaiting trial on sex trafficking charges. He’d been convicted in 2008 of procuring a child for prostitution in Florida, but served only 13 months in custody in what many condemned as a sweetheart plea deal for a well-connected and rich defendant.

Epstein’s acts of abuse have attracted massive attention, including among many within Trump’s political base, in part because of unanswered questions surrounding which of his many powerful friends may have also been implicated in crimes against children. Some of those questions have swirled around Trump, who was friends with Epstein for years before the two had what the president has described as a falling out.

Evidence has emerged in recent months that suggests Trump may have had knowledge of Epstein’s crimes during their friendship.

Epstein wrote in a 2019 email, released by the House Oversight Committee, that Trump “knew about the girls.” In a 2011 email to Ghislaine Maxwell, who was convicted of conspiring with Epstein to help him sexually abuse girls, Epstein wrote that “the dog that hasn’t barked is trump. [Victim] spent hours at my house with him … he has never once been mentioned.”

Trump has denied any wrongdoing.

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The records released Friday contained few if any major new revelations, but did include a complaint against Epstein filed with the FBI back in 1996 — which the FBI did little with, substantiating long-standing fears among Epstein’s victims that his crimes could have been stopped years earlier.

Sen. Adam Schiff (D-Calif.), one of the president’s most consistent critics, wrote on X that Bondi should appear before the Senate Judiciary Committee to explain under oath the extensive redactions and omissions, which he called a “willful violation of the law.”

“The Trump Justice Department has had months to keep their promise to release all of the Epstein Files,” Schiff wrote. “Epstein’s survivors and the American people need answers now.”

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Sen Murphy warns ‘people are going to die’ as Congress punts on expiring Obamacare subsidies

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Sen Murphy warns ‘people are going to die’ as Congress punts on expiring Obamacare subsidies

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A bipartisan Obamacare fix remains out of reach in the Senate, for now, and lawmakers can’t agree on who is at fault. 

While many agree that the forthcoming healthcare cliff will cause financial pain, the partisan divide quickly devolved into pointing the finger across the aisle at who owns the looming healthcare premium spikes that Americans who use the healthcare exchange will face. 

Part of the finger-pointing has yielded another surprising agreement: Lawmakers don’t see the fast-approaching expiration of the Biden-era enhanced Obamacare subsidies as Congress failing to act in time.

“Obviously, it’s not a failure of Congress to act,” Sen. Chris Murphy, D-Conn., told Fox News Digital. “It’s a failure of Republicans to act. Democrats are united and wanting to expand subsidies. Republicans want premium increases to go up.”

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Partisan rancor over Obamacare has seeped into how lawmakers view the effect that expiring subsidies will have on their constituents. Sen. Chris Murphy, D-Conn., argued that it was a “life or death” situation, while Republicans contended that Democrats set up the very cliff they maligned.  (Tom Williams/CQ-Roll Call, Inc. via Getty Images)

DEMOCRATS’ LAST-MINUTE MOVE TO BLOCK GOP FUNDING PLAN SENDS LAWMAKERS HOME EARLY

Senate Republicans and Democrats both tried, and failed, to advance their own partisan plans to replace or extend the subsidies earlier this month. And since then, no action has been taken to deal with the fast-approaching issue, guaranteeing that the subsidies will lapse at the end of the year.

A report published last month by Kaiser Family Foundation, a nonprofit healthcare think tank, found that Americans who use the credits will see an average increase of 114% in their premium costs.

The increase can vary depending on how high above the poverty level a person is. The original premium subsidies set a cap at 400% above the poverty level, while the enhanced subsidies, which were passed during the COVID-19 pandemic, torched the cap.

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For example, a person 60 years or older making 401% of the poverty level, or about $62,000 per year, would on average see their premium prices double. That number can skyrocket depending on the state. Wyoming clocks in at the highest spike at 421%.

SENATE MULLS NEXT STEPS AFTER DUELING OBAMACARE FIXES GO UP IN FLAMES

Sen. Rick Scott, R-Fla., doesn’t want to blow up Obamacare or get rid of Obamacare subsidies, but he does want to provide Americans with more options for healthcare.  (Andrew Harnik/Getty Images)

In Murphy’s home state of Connecticut, premiums under the same parameters would hike in price by 316%.

“When these do lapse, people are going to die,” Murphy said. “I mean, I was talking to a couple a few months ago who have two parents, both with chronic, potentially life-threatening illnesses, and they will only be able to afford insurance for one of them. So they’re talking about which parent is going to survive to raise their three kids. The stakes are life and death.”

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Both sides hold opposing views on the solution. Senate Republicans argue that the credits effectively subsidize insurance companies, not patients, by funneling money directly to them, and that the program is rife with fraud.

Senate Democrats want to extend the subsidies as they are, and are willing to negotiate fixes down the line. But for the GOP, they want to see some immediate reforms, like income caps, anti-fraud measures and more stringent anti-abortion language tied to the subsidies.

Sen. Rick Scott, R-Fla., who produced his own healthcare plan that would convert subsidies into health savings accounts (HSAs), argued that congressional Democrats “set this up to expire.”

SENATE REPUBLICANS LAND ON OBAMACARE FIX, TEE UP DUELING VOTE WITH DEMS

Senate Majority Leader John Thune, R-S.D., panned Senate Democrats’ Obamacare subsidy proposal as “obviously designed to fail.”  (Tom Williams/CQ-Roll Call, Inc. via Getty Images)

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But he doesn’t share the view that the subsidies’ expected expiration is a life-or-death situation.

“I’m not taxing somebody who makes 20 bucks an hour to pay for healthcare for somebody who makes half a million dollars a year, that’s what they did,” he told Fox News Digital. “All they did was mask the increase in healthcare costs. That’s all they did with it.”

Sen. Jim Banks, R-Ind., similarly scoffed at the notion, and told Fox News Digital, “The Democrat plan to extend COVID-era Obamacare subsidies might help less than half a percent of the American population.”

“The Republican plan brings down healthcare costs for 100% of Americans,” he said. “More competition, expands health savings accounts. That needs to be the focus.”

Democrats are also not hiding their disdain for the partisan divide between their approaches to healthcare.

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Sen. Brian Schatz, D-Hawaii, told Fox News Digital that the idea that this “is a congressional failure and not a Republican policy is preposterous.”

“They’ve hated the Affordable Care Act since its inception and tried to repeal it at every possible opportunity,” he said, referring to Obamacare. “The president hates ACA, speaker hates ACA, majority leader hates ACA, rank-and-file hate ACA. And so this is not some failure of bipartisanship.”

While the partisan rancor runs deep on the matter of Obamacare, there are Republicans and Democrats working together to build a new plan. Still, it wouldn’t deal with the rapidly approaching Dec. 31 deadline to extend the subsidies.

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Senate Majority Leader John Thune, R-S.D., predicted that the Senate would have a long road to travel before a bipartisan plan came together in the new year, but he didn’t rule it out.

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“It’s the Christmas season. It would take a Christmas miracle to execute on actually getting something done there,” he said. “But, you know, I think there’s a potential path, but it’ll be heavy lift.”

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