WASHINGTON, DC (InvestigateTV) — Sen. Amy Klobuchar may be known for being outspoken on Capitol Hill. But her comments seemed out of place this summer when a video of her appearing to criticize Hollywood star Sidney Sweeney using vulgar language went viral.
There was a reason. The video didn't actually include any Minnesota Democrats. It appeared to show her criticizing a recent jeans ad featuring Sweeney, which caused widespread controversy with a deepfake that mimicked her voice and likeness.
Klobuchar is not alone in seeing her image manipulated online. Politicians such as Joe Biden, Donald Trump, and Ukrainian President Volodymyr Zelenskiy are increasingly becoming targets of deepfakes created with the help of artificial intelligence, according to reports.
An InvestigateTV analysis found a patchwork of state regulations governing the issue across the country. Among the regulations, experts are calling for federal legislation to crack down on AI engineering that could have a serious impact on American elections.
“I'm not worried about cartoons. I'm not worried about comedy. I'm worried about human image manipulation, because it's so powerful. It affects how you see everything that can affect how you vote,” said Darrell West, a senior fellow at the Brookings Institution, a Washington, D.C.-based public policy research institute. “If we don't address this issue, we are putting American democracy at risk.”
Decode deepfakes using social media
Videos like the one featuring Klobuchar's likeness are common for Jeremy Carrasco, whose social media is flooded with messages asking him to determine whether the person featured is real.
Deciphering whether someone on the internet is a “fake person” has become a de facto hobby for the former piano teacher turned coding engineer who has built a strong audience on social media.
Carrasco has been dedicated to educating online users on how to spot the signs of AI manipulation. His account on TikTok has more than 200,000 followers and 7.3 million likes.
“Just like counterfeit bills were illegal when money was invented, now there's a new influx of counterfeiters flooding the area. And what happens when you have counterfeit bills is people have to go through every $20 bill, and you can't do that with AI,” Carrasco said.
Carrasco teaches his followers how to spot telltale signs of AI in photos and videos. An explanatory video he created in response to speculation about Donald Trump's possible death earlier this year has garnered nearly 2 million views.
“I understand technology not in terms of how to build it, but in terms of how to use it,” he said. “I see a difference, but not everyone can do that, so I feel responsible.”
Regarding the role of AI in political advertising, Carrasco is concerned that AI will exacerbate divisions in the United States.
“It's hard to imagine that technology is advancing without any restrictions and is accepted by society, so it won't be an issue in the next election cycle,” he said.
West, co-chair of Brookings Tech Tank, has similar concerns. He has spent years researching the relationship between AI, disinformation, and democracy, and has written several books about it.
“When you have image manipulation that fuels extremism, it makes polarization worse. It makes us hate our neighbors even more. This is a fundamental problem, and unless we address it, our democracy cannot survive,” West said.
Confirmation bias among users can also be a major cause of polarization, West said.
“People want to assume the worst about their adversaries, so if you see a negative image of Joe Biden or Donald Trump and you agree with that message, you're going to accept it as a statement of fact, even if it's fake,” he said.
West said tech companies have the ability to address content moderation issues by removing deepfakes. But as it stands, there is little incentive for them to take the issue more seriously.
“Congress has not passed any significant legislation in this area. The time for discussion is past. Action is needed.”
Congressional action on AI remains stalled, leaving states to police AI in politics
Lawmakers on both sides of the aisle have generally focused on the impact of artificial intelligence. However, while Sen. Klobuchar and others are trying to pass legislation to curb AI deception, especially in relation to politics, nothing has passed.
Klobuchar, along with Republicans in the House and Senate, is co-sponsoring bills related to AI and election influence, including one that would require disclaimers on political ads generated with significant assistance from artificial intelligence.
In a November comment on the issue, she said, “When it comes to these fake political videos, it's the fact that we don't pass the word 'digitally altered' on videos that are supposed to be constitutionally protected.”
Regulation has been left to states as Congress has failed to tighten the reins. – However, a recent executive order issued by President Trump aims to challenge laws related to artificial intelligence at that level.
But for now, each state is tackling the issue on its own. InvestigateTV analyzed state laws across the country and found that more than a dozen states have passed AI disclosure laws specifically related to political advertising.
Some states, including California, Florida, and Michigan, require certain disclosures to be attached to artificially generated media if AI is involved in its creation or modification.
Other requirements include limiting the size of text used in disclosures, setting minimum lengths for verbal disclosures, and banning or severely restricting deepfakes and synthetic media before elections.
In some states, the person whose likeness has been artificially drawn may be able to sue for damages.
“We don't want to end up in a fragmented situation where Idaho has a different law than Illinois and New York has a different law than Texas. That just creates more confusion,” West said. “The good news is that both Republicans and Democrats are now concerned about their images being manipulated.”
As incremental steps are taken to stop doctored images, deepfake tutor Carrasco believes we are not powerless voters, saying we all have the ability to “say things aren't okay and create cultural norms.”
Although he's not trying to sway voters with social media, he sees politics as an entry point into the AI debate. And he wants his TikTok videos to be informed.
“The important thing is that we finally get to a place where people can speak for themselves and use these highly viral and controversial moments as an opportunity to educate rather than pass judgment,” Carrasco said. “The goal is to teach. To educate. To give people the tools they need to do it, because it makes them more effective.”
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