California laws cracking down on election deepfakes by AI face legal challenges

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California laws cracking down on election deepfakes by AI face legal challenges

2024-09-19 10:36 Last Updated At：10:40

SACRAMENTO, Calif. (AP) — California now has some of the toughest laws in the United States to crack down on election deepfakes ahead of the 2024 election after Gov. Gavin Newsom signed three landmark proposals this week at an artificial intelligence conference in San Francisco.

The state could be among the first to test out such legislation, which bans the use of AI to create and circulate false images and videos in political ads close to Election Day.

But now, two of the three laws, including one that was designed to curb the practice in the 2024 election, are being challenged in court through a lawsuit filed Tuesday in Sacramento.

Those include one that takes effect immediately that allows any individual to sue for damages over election deepfakes, while the other requires large online platforms, like X, to remove the deceptive material starting next year.

The lawsuit, filed by a person who created parody videos featuring altered audios of Vice President and Democratic presidential nominee Kamala Harris, says the laws censor free speech and allow anybody to take legal action over content they dislike. At least one of his videos was shared by Elon Musk, owner of the social media platform X, which then prompted Newsom to vow to ban such content on a post on X.

The governor's office said the law doesn't ban satire and parody content. Instead, it requires the disclosure of the use of AI to be displayed within the altered videos or images.

“It’s unclear why this conservative activist is suing California,” Newsom spokesperson Izzy Gardon said in a statement. “This new disclosure law for election misinformation isn’t any more onerous than laws already passed in other states, including Alabama.”

Theodore Frank, an attorney representing the complainant, said the California laws are too far reaching and are designed to “force social media companies to censor and harass people.”

“I’m not familiar with the Alabama law. On the other hand, the governor of Alabama had hasn’t threatened our client the way the governor of California did,” he told The Associated Press.

The lawsuit appears to be among the first legal challenges over such legislation in the U.S. Frank told the AP he is planning to file another lawsuit over similar laws in Minnesota.

State lawmakers in more than a dozen states have advanced similar proposals after the emergence of AI began supercharging the threat of election disinformation worldwide.

Among the three law signed by Newsom on Tuesday, one takes effect immediately to prevent deepfakes surrounding the 2024 election and is the most sweeping in scope. It targets not only materials that could affect how people vote but also any videos and images that could misrepresent election integrity. The law also covers materials depicting election workers and voting machines, not just political candidates.

The law makes it illegal to create and publish false materials related to elections 120 days before Election Day and 60 days thereafter. It also allows courts to stop the distribution of the materials, and violators could face civil penalties. The law exempts parody and satire.

The goal, Newsom and lawmakers said, is to prevent the erosion of public trust in U.S. elections amid a “fraught political climate.”

But critics such as free speech advocates and Musk called the new California law unconstitutional and an infringement on the First Amendment. Hours after they were signed into law, Musk on Tuesday night elevated a post on X sharing an AI-generated video featuring altered audios of Harris.

“The governor of California just made this parody video illegal in violation of the Constitution of the United States. Would be a shame if it went viral," Musk wrote of the AI-generated video, which has a caption identifying the video as a parody.

It is not clear how effective these laws are in stopping election deepfakes, said Ilana Beller of Public Citizen, a nonprofit consumer advocacy organization. The group tracks state legislation related to election deepfakes. None of the law has been tested in a courtroom, Beller said.

The law's effectiveness could be blunted by the slowness of the courts against a technology that can produce fake images for political ads and disseminate them at warp speed.

It could take several days for a court to order injunctive relief to stop the distribution of the content, and by then, damages to a candidate or to an election could have been already done, Beller said.

“In an ideal world, we’d be able to take the content down the second it goes up,” she said. “Because the sooner you can take down the content, the less people see it, the less people proliferate it through reposts and the like, and the quicker you’re able to dispel it.”

Still, having such a law on the books could serve as a deterrent for potential violations, she said.

Assemblymember Gail Pellerin declined to comment on the lawsuit, but said the law she authored is a simple tool to avoid misinformation.

“What we’re saying is, hey, just mark that video as digitally altered for parody purposes,” Pellerin said. “And so it’s very clear that it’s for satire or for parody.”

Newsom on Tuesday also signed another law to require campaigns to start disclosing AI-generated materials starting next year, after the 2024 election.

The NBA's playoff push for this season has hit its final day. Here's a look at what's happening

The final day of the NBA's regular season has arrived, with much left to decide. There are 30 teams, all of which will play Game 82 on Sunday, and all those clubs fall into one of three 10-team groups right now.

— Fans of Oklahoma City, San Antonio, Houston, Minnesota, Phoenix, Golden State, Detroit, Boston, New York and Cleveland, go ahead and relax. Your team's seed is all set.

— Fans of Denver, the Los Angeles Lakers, Portland, the Los Angeles Clippers, Atlanta, Toronto, Orlando, Philadelphia, Charlotte and Miami, prepare yourselves. Your team still has things to play for.

— Fans of Milwaukee, Chicago, Brooklyn, Indiana, Washington, New Orleans, Memphis, Dallas, Sacramento and Utah, enjoy the season finales.

— A look at the last day of the season

— Wemby hits award-qualification standard. But will Jokic?

— A wild night in the NBA, with lots of players out with injuries

— Heat waive Terry Rozier

— SGA leads the MVP race, but there is intrigue

— 76ers' Joel Embiid has appendectomy

— NBC says more 'On The Bench’ game coverage likely

— Doc Rivers hints at retirement

— The playoffs, thankfully, are coming

— The Bulls want to keep Billy Donovan ... but does Donovan want to stay?

Here's what we know so far regarding the NBA playoff field for this season.

— Eastern Conference No. 1: Detroit.

— East No. 2: Boston.

— East No. 3: New York.

— East No. 4: Cleveland.

— East No. 5 and No. 6: Atlanta will have one of these spots. Toronto is the only other team that can reach the No. 5 seed, but it could also finish No. 6, No. 7 or No. 8 as well. There are some scenarios where Orlando and Philadelphia can sneak into the No. 6 spot. The Magic need a win over Boston, plus wins by Brooklyn (over Toronto) and Milwaukee (over Philadelphia) to reach No. 6. The 76ers need a win, plus an Orlando loss and a Brooklyn win to reach No. 6.

— East play-in: Toronto, Orlando and Philadelphia are the three teams that could finish in the No. 7 and No. 8 spots. Nos. 9 and 10 will be Charlotte and Miami, in some order. A Heat win over Atlanta and a Hornets loss to New York means Miami will be No. 9. Otherwise, Charlotte will be the 9 seed.

— East eliminated teams: Milwaukee, Chicago, Indiana, Brooklyn and Washington.

— Western Conference No. 1: Oklahoma City.

— West No. 2: San Antonio.

— West No. 3 and No. 4: Denver and Los Angeles Lakers. Denver gets No. 3 with a win over San Antonio or a Lakers loss to Utah. If neither of those things happen, the Lakers get the No. 3 seed.

— West No. 5: Houston.

— West No. 6: Minnesota.

— West play-in: Phoenix is No. 7, Portland and the Los Angeles Clippers will be No. 8 and No. 9 in some order (the Trail Blazers control destinies there), and Golden State is No. 10.

— West eliminated teams: Memphis, New Orleans, Dallas, Utah and Sacramento.

The games with seeding implications on Sunday:

— Orlando at Boston: Magic can escape play-in with a win, would be in 7-vs.-8 game with a loss.

— Atlanta at Miami: Hawks would be No. 5 seed with a win, Miami could get to No. 9 with a win.

— Charlotte at New York: Hornets would be No. 9 seed and host Miami in play-in with a victory.

— Milwaukee at Philadelphia: 76ers would be No. 8 seed with a loss, will be No. 6, 7 or 8 with win.

— Brooklyn at Toronto: Raptors go to playoffs as No. 5 or 6 seed with win, could fall to 8 with loss.

— Denver at San Antonio: Nuggets would be 3 seed with win, probably would fall to 4 with a loss.

— Utah at LA Lakers: Lakers probably would be 3 seed with win, would fall to 4 with a loss.

— Golden State at LA Clippers: This might be a preview of a Warriors-Clippers play-in 9-10 game.

— Sacramento at Portland: Trail Blazers would hold off Clippers for the No. 8 seed with a win.

And the games with no relevance on standings: Washington at Cleveland, Detroit at Indiana, Chicago at Dallas, Memphis at Houston, New Orleans at Minnesota, Phoenix at Oklahoma City.

Sunday on ESPN: Orlando-Boston (6 p.m. Eastern) and Denver-San Antonio (8:30 p.m.)

Oklahoma City (+130) is favored to win the NBA title, according to BetMGM Sportsbook, followed by San Antonio (+450), Boston (+550), Denver (+1000), Cleveland (+1300) and New York (+2000). Detroit, the No. 1 seed in the East, is +2000. The Los Angeles Lakers were +2500 before Luka Doncic and Austin Reaves got hurt; they're +20000 now.

Some of the NBA's play-in tournament schedule is now known:

— Phoenix will play host to either the LA Clippers or Portland on Tuesday at 10 p.m. Eastern. (The winner of that game will play No. 2 San Antonio in Round 1, the loser will play a home game on Friday for the right to play No. 1 Oklahoma City in Round 1).

— Golden State will visit either the LA Clippers or Portland on Wednesday at 10 p.m. Eastern. (The loser of that game is eliminated, the winner moves on to Friday.)

All games in the play-in tournament will be shown on Prime Video.

— Sunday: All 30 teams play their regular-season finales.

— April 14, 15 and 17: NBA play-in tournament dates.

— April 18 and 19: NBA playoff series openers.

— May 2, 3 or 4: Conference semifinals begin.

— May 10: NBA draft lottery.

— May 10-17: NBA draft combine.

— May 17 or 19: Eastern Conference finals begin on ESPN and ABC.

— May 18 or 20: Western Conference finals begin on NBC and Peacock.

— June 3: Game 1, NBA Finals on ABC. (Other finals dates: June 5, June 8, June 10, June 13, June 16 and June 19).

— At least 150 players (and probably many more) will be held out of the 30 games on Sunday. The combined salaries this season of those who were announced on Saturday's injury reports as out for Sunday's finales: just over $2.5 billion.

— The average margin of victory in the NBA this season is 13.2 points, the biggest in league history (and is certain to finish as a record). The previous mark was 12.7 points, set last season. This is the fourth time in the last five years that the point-differential-in-wins record will fall.

— The NBA remains on pace to see more points this season than ever before. The current pace is about 284,258, which would be reached on Sunday; the record total for a season is 282,137, set in 2022-23.

— There are 18 players with a chance to play in all 82 of their team's regular-season games this season. That would be the most in the 82-game club since 19 players did it in the 2018-19 season.

— Denver has a chance to become the fourth team to finish a regular season with a winning streak of 12 games or better. Philadelphia won its last 16 in 2017-18, Rochester won its final 15 games of the 1949-50 season (then lost a tiebreaker) and Milwaukee won its last 14 games in 1972-73.

AP NBA: https://apnews.com/nba