PHOENIX (3TV/CBS 5) — We’re seeing more deep fake images and recordings created with artificial intelligence and now Arizona lawmakers want to regulate it.

Among the challenges they’re creating is answering the question, are they protected by free speech? Civil rights activists say they should be as state lawmakers try to crack down on people abusing artificial intelligence technology to trick you. With the 2024 elections kicking off, Arizona legislators are turning their attention to AI technology that can pose problems for political campaigns and target the general public with scams.

From pop stars to presidents, artificial intelligence can target anyone. Just last month, Taylor Swift was victimized by a series of graphic AI-generated images. And a “deep fake” robocall of Joe Biden discouraged voters in the New Hampshire primary.

Senate Bill 1336 would make it a felony to spread deep fake recordings and images without consent. The crime would carry up to two-and-a-half years in prison. But civil rights activists warn regulating AI is not as simple as passing a law like this. “AI-generated speech, like any speech, is protected by the First Amendment,” said Darrell Hill, the policy director for the ACLU of Arizona.

He said there are ways to regulate deep fakes without violating free speech. For example, prosecutors can use the laws already on the books if they can prove the technology is used in a crime. “For instance, preventing the use of fraud or preventing the use of defamation, we wouldn’t want a deep fake out there that gave voters the wrong information about the election or election administration. But at the same time, we must protect the right of voters and the public to make parodies or do any sort of political speech when it comes to matters of public concern,” Hill said.

The rise of “deep fake” technology has lawmakers scrambling across the country. According to the National Conference of State Legislatures, 31 states introduced legislation last year to address AI. “In general, the law is trying to catch up with it. There are bills coming up for discussion, but also, courts are completely lost on how to treat these issues. It’s a very interesting time,” said Subbarao Kambhampati, a professor at ASU’s School of Computing and Augmented Intelligence.

He said the use and abuse of AI deep fakes is growing and is now used in everything from petty scams to politics. He gave a sobering warning. “The days of trusting what you see nad what you hear are basically over,” Kambhamati said.

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