In Brief
We're starting to see more bills introduced on Artificial Intelligence
that will impact Political Advertising (see Michigan and Wyoming),
the FEC decided NOT to initiate
rulemaking to reduce the minimum permissible size of disclaimers
on political advertisements on TV, and in the area of Data
Privacy &
Protection, California SB
362/Chapter 709, dubbed The Delete Act, was signed into law
while Maine considers its own comprehensive bills. |
Advertising and AI
Multiple Michigan bills were introduced on October 17 proposing
to regulate the use of AI in political campaigns. These bills are tie-barred to
each other as indicated, meaning one cannot pass without the other. These bills
are pending in the House Elections Committee:
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HB 5141
would prohibit the use of AI in campaign materials without the required disclosures.
The bill is tie-barred to HB 5143,
which would define AI as a machine-based system that can make predictions, recommendations,
or decisions influencing real or virtual environments for a given set of human-defined
objectives. HB 5142
would provide sentencing guidelines for violations of HB 5141, which is also tie-barred.
- HB 5144 would prohibit the distribution of deepfakes with the
intention to influence the outcome of an election and is tie-barred to HB 5145,
which would provide sentencing guidelines and is tie-barred to HB 5144.
The Wyoming Blockchain, Financial Technology
and Digital Innovation Technology Committee is set to meet November 20 and 21.
During the September meeting,
multiple AI/deepfake proposals were discussed, and are listed below. Members have
said their goal is to protect citizens from the harmful effects of deep fakes
while considering free speech and potential overreach in legislation.
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LSO 0236,
which would make the dissemination of deepfakes a criminal offense without the
consent of the impersonated party or without constantly displaying a notice that the media is a deepfake.
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LSO 0237,
which would make the dissemination of deepfakes a civil offense without the consent
of the impersonated party or without constantly displaying a notice that the media is a deepfake.
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LSO 0239, which is a proposed model
for AI registration. The proposal would require anyone who publicly provides or
uses a foundation model in Wyoming to register with the Wyoming secretary of state.
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AAPC in Action
- On October 16th, AAPC filed its
comments in response to the
Public
Citizen's Petition
asking the Federal Election Commission to amend its regulation on the fraudulent
misrepresentation of campaign authority to make it clear that the related statutory
prohibition applies to deliberately deceptive AI campaign advertisements.
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We anticipate a rapid increase in the introduction of AI-related
campaign advertising bills in multiple state legislatures next year and remind AAPC members to uphold an
ethical commitment to refrain from the deliberate use
of deceptive or "deepfake" AI content in political ads with the intent to mislead voters.
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Data Privacy & Protection
California
SB 362/Chapter 709 was signed by Democratic
Gov. Gavin Newsom on October 10 with the bill taking effect January 1, 2026. This
law, dubbed the Delete Act, seeks increased limitations on data
brokers that amass and sell personal information collected online. It will create
a portal for residents to remove personal data that has been collected by the
486 registered data brokers in the state, from purchase history to internet browsing
habits. The law will also require data brokers to register with the California
Privacy Protection Agency and disclose the types of information they collect.
Maine LD 1973 was heard in the Joint Judiciary
Committee on October 17 and remains pending in that committee. The bill would
prohibit a controller from processing the personal data of a consumer for the
purposes of targeted advertising, the sale of personal data, or profiling in furtherance
of automated decisions that produce legal or similarly significant decisions concerning
the consumer unless the consumer has opted in. The bill does not contain a private
right of action but does contain a 30-day right to cure.
LD 1977,
was also heard during the same hearing. This comprehensive data and privacy protection
bill contains numerous definitions that determine the applicability of the bills’
various provisions to "covered entities," with many novel definitions
that include covered high impact social media, covered algorithm, covered language,
large data holder and small business. The bill also contains provisions that establish
a data broker registry and provide for enforcement by the attorney general, district
attorney or municipal counsel. The bill also contains a private right of action
with damages of $5,000 per person per violation annual adjusted for inflation
or actual damages whichever is greater among other specified damages and relief.
AAPC in Action
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In California, multiple AAPC members engaged with the bill's
sponsors, the California Assembly Committee on Appropriations, and coalition partners
to address our concerns about the impact of SB362 on our ability to reach out
to and engage voters, especially younger and more diverse populations. We will
continue to seek clarification on how this new legislation, along with the provisions
of the CCPA (The California Consumer Privacy Act) and the CCPR (California Privacy
Rights Act) affect our businesses working in the state.
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To navigate the increasing complexity of the myriad state data privacy and protection
legislation, be sure to watch this space, confer
with your counsel, and keep AAPC Data Privacy
Principles at the forefront of your business decisions.
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Roundup: States in Session
Massachusetts, Michigan, North Carolina, Ohio, Pennsylvania and Wisconsin
are in regular session. The District of Columbia Council and
the U.S. Congress are also in session.
New Jersey is in recess until November 20.
Illinois is scheduled to reconvene for a veto session on October 24.
North Carolina is scheduled to adjourn after redistricting in October.
Texas Republican Gov. Greg Abbott called
the legislature into special session on October 9. The special session is focusing
on school choice, which would allow parents to use taxpayer dollars to remove
their children from public schools.
Wisconsin
Senate Republicans introduced Democratic Gov. Tony Evers’ child care
funding proposal as special session
SB 1 on September 21.
The Oklahoma
Senate abruptly adjourned their half of the special session called by Republican
Gov. Kevin Stitt regarding the state’s tax system sine die on October 3, without
taking any action. The House reconvened for day two of the special session on October 4 and
adjourned
until the call of the chair, meaning the House is technically still in special session.
North Dakota Republican Gov. Dog Burgum
issued an executive order convening the legislature into a special session on
October 23 after the state Supreme Court invalidated SB 2015 on September 28.
California Democratic Gov. Gavin Newsom
had until October 14 to act on legislation or it became law without signature. |
Deeper Dive
For a deeper dive on these bills and other legislative activity we're monitoring,
click here for this week's full update. |
AAPC Foundation
The AAPC Foundation is our donation-funded 501(c)(3) organization that boosts our
community’s political engagement while advocating for the protection of political
free speech, legislative and regulatory monitoring, and more, and is a valuable
resource available to us as we aim to face the challenges of our country’s ever-evolving political climate.
Help Us Defend Political Free Speech |
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