“How AI Puts Elections at Risk — And the Needed Safeguards”

Brennan Center analysis. I share the concern about disinformation, including the capacity for AI to produce more effective deceptions. But I also continue to believe, as I wrote in 2020, that it is essential to maintain a clear distinction between (1) activity that affects voter choice and (2) activity that prevents voter choice. We should do what we can (consistent with the First Amendment) to protect public discourse from deliberate falsity, including counterfeit content produced by AI, but ultimately in a free and self-governing society we must trust voters to make up their own minds about which candidates to support. Voters can be swayed by an old-technology Swift Boat campaign (for those who remember the 2004 election), or by an AI-generated deepfake. But whatever motivates their vote, the result is a valid election as long as their votes were cast and counted as they intended. Given the challenges facing the U.S. in the conduct of the 2024 election, my view is that we must prioritize protecting against the risk of malevolent activities that prevent, rather than influence, voter choice.

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