• by Wendy Davis  @wendyndavis, August 26, 2024

The tech industry group NetChoice is weighing in against a Federal Communications Commission proposal that would require broadcasters to disclose when political ads include content generated by artificial intelligence.

In comments filed with the agency late last week, NetChoice argues that the proposed rules are unnecessary given the array of laws that already cover fraud or deception.

“The notion that AI will inhabit some kind of lawless Wild West is simply false,” the group writes, adding that artificial intellgience systems must follow “the same rules as any other technology or business practice in its sector.”

“The federal government has already declared intentional lying about the time, manner, or place of an election to prevent qualified voters from voting a crime,” the organization writes. “This means the government is free to go after individuals publishing deepfakes that seek to subvert election integrity.”

NetChoice's comments come in response to an FCC proposal to require broadcasters and cable operators to disclose the use of content generated by artificial intelligence in political ads. The agency voted 3-2 in July to seek comments on the proposal.

The potential rules would not apply to online ads, including those on streaming video platforms.

But NetChoice -- which counts tech companies including Amazon, Meta, and Google as members -- is concerned that even without a direct impact on streaming video, the rules could have a "chilling effect" on the development of technology, according to NetChoice general counsel Carl Szabo.

He adds that regulations for artificial intelligence “will inherently decrease not just investment, but the development of new systems and new services -- especially for those without the deep pockets to jump through all the regulatory hoops.”

He adds that another concern is that rules initially applied to traditional media will eventually govern online platforms.

“We would fully expect this to expand beyond broadcast,” Szabo says.

The group argues in its comments that any “far-reaching” rules regarding artificial intelligence should be issued by Congress, not the FCC.

A unilateral regulatory initiative by the FCC “sets a dangerous precedent that could undermine the fundamental principles of separation of powers and checks and balances enshrined in our Constitution,” NetChoice writes.

Others, including advocacy group Public Citizen, support the FCC's proposal.

“We’re barreling towards elections which may be distorted, or even decided, by political deepfakes,” Public Citizen co-president Robert Weissman stated earlier this year. “Yet this is an entirely avoidable dystopia, if regulators simply demand disclosures when AI is used in political communications, including in broadcast TV and radio ads.”