An interim study exploring the regulation of artificial intelligence (AI) in Nebraska elections may hinge on developments in at least 19 other states as potential legislation for 2025 is considered. State Senators Tom Brewer and John Cavanaugh have raised the question of whether Nebraska should implement regulations regarding AI, with Brewer’s Legislative Resolution 362 addressing general election risks and Cavanaugh’s LR 412 focusing on AI’s role in political campaigns.
Cavanaugh, who introduced Legislative Bill 1203 earlier this year before it stalled, noted that legislators are still grappling with how to approach AI’s complexities while balancing its risks against First Amendment rights. He emphasized that solutions will not be straightforward, given the rapidly changing technology landscape.
Cavanaugh’s proposal aimed to place AI regulation under the Nebraska Accountability and Disclosure Commission, requiring clear disclosures for paid advertisements related to candidates and ballot measures. However, similar to previous discussions, State Senator Danielle Conrad expressed skepticism, arguing that new regulations might infringe on free speech. She highlighted concerns about the chilling effect such regulations could have on political discourse.
According to representatives from the National Conference of State Legislatures, at least 19 states have enacted laws addressing AI and political messaging. These laws vary widely, often using terms like “synthetic media” or “deepfakes,” but no state has completely banned deceptive AI-generated political content. Instead, many states impose time-based restrictions on such content and mandate disclosures indicating that material is AI-generated.
Some states enforce civil penalties for violations, ranging from $500 for first offenses in Michigan to $10,000 for repeat offenses in Minnesota. Criminal penalties exist as well, with some states imposing significant jail time for malicious intent behind deceptive messages.
As the discussion progresses, stakeholders like Jim Timm from the Nebraska Broadcasters Association have called for legislation to exempt broadcasters from liability. Timm pointed out the lack of clear mechanisms to verify AI-generated content, likening the situation to diagnosing a health issue without the proper tools.
Cavanaugh expressed a desire for a careful and thoughtful approach, cautioning against reflexive regulation. Meanwhile, discussions continue about the implications of AI technology, including its potential to misinform voters during elections. Spike Eickholt from the ACLU of Nebraska urged lawmakers to avoid creating unnecessary new crimes, stressing that while technology poses challenges, it is not inherently harmful.
As Nebraska navigates these complex issues, the need for clear guidelines on AI in political contexts remains a critical topic of conversation.
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