Op-ed from FEC Chair: “The FEC Has No Business Regulating AI”

In the WSJ, an excerpt:

For more than a year, the Federal Election Commission has faced calls to regulate the use of artificial intelligence in political campaigns. But we have neither the expertise nor the legal authority to do so. That’s why I offered a proposal to end the agency’s pending rulemaking on AI with no further action. On Aug. 15, the commission is set to vote on it.

Any special rules for political ads generated with AI that the FEC might issue would exceed its statutory authority. Existing laws do charge the FEC with administering and enforcing disclaimer and disclosure requirements for political ads, but Congress hasn’t given us the power to draft regulations specifically for AI or any other technology.

More practically, we don’t have the experience or expertise to craft effective and appropriately tailored rules. Neither do most other federal agencies, including the Federal Communications Commission, Federal Trade Commission, and Equal Employment Opportunity Commission—each of which has put out reports or proposed rules on the matter. These agencies can’t even agree on a definition of AI. Defining the scope of regulatory authority is properly the job of Congress, not unelected bureaucrats.

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