Golden State Today

Legislation addressing the threat posed by AI-powered disinformation to elections has passed a significant milestone in the California state legislature. Sponsored by the California Initiative for Technology and Democracy (CITED), a project of California Common Cause, the bills have cleared both the Senate and Assembly floors and now await Governor Newsom’s signature.

“If these bills are signed by the Governor, California will have taken the most assertive steps in the U.S. to date to address the dangers that AI and disinformation pose to our elections,” said Jonathan Mehta Stein, Executive Director of California Common Cause and Co-Founder of CITED. “We can’t afford to wait for another election or legislative cycle to take action. CITED’s legislation can help lead the way for reforms in other states and nationally in Congress.”

The legislative package aims to regulate AI-accelerated disinformation without stifling innovation or freedom of speech. The two CITED bills on the Governor’s desk are:

- AB 2839, authored by Assemblymember Gail Pellerin, seeks to keep misleading deepfakes out of campaign ads and election communications close to Election Day while respecting First Amendment rights.

- AB 2655, authored by Assemblymember Marc Berman, requires social media platforms to label generative AI deepfakes as digital or fake content and prohibits posting them close to Election Day.

“At home and around the world, we’re already seeing how AI-powered disinformation can undermine the integrity of election processes and hurt voters,” said Drew Liebert, Director of CITED. “CITED’s bills represent some of the most nuanced, balanced, and forward-looking attempts in the United States seeking to protect our democracy from growing digital threats. We hope the Governor will keep California as the nation’s democracy leader and make these bold measures models for the nation.”

Additionally, this week saw a popular AI deepfake tool used for generating child sexual abuse material being recalled after inquiries from CITED’s Senior Policy Advisor David Evan Harris. This sets a precedent suggesting increased scrutiny on AI companies releasing unethical products.

California Common Cause launched CITED in November 2023 to address threats from disinformation, AI, deepfakes, and other emerging technologies impacting democracy. According to November 2023 polling from Berkeley IGS, 84% of California voters expressed concern about digital threats to elections; 73% believe state government has a responsibility to act.

CITED's proposals draw on research from tech leaders, legal experts, public policy specialists, civil rights advocates, civic engagement professionals, academics as well as successful initiatives from entities like the European Union and various U.S. governmental bodies.

In its inaugural year, CITED has become Sacramento's key source for independent policy expertise where technology intersects with democracy. Despite congressional inaction at times, CITED advanced its own legislative agenda while advising key decision-makers.

California Common Cause and CITED expressed gratitude towards Assemblymembers Buffy Wicks, Gail Pellerin, Marc Berman as well as Senator Steve Padilla for their leadership during this legislative session.

---