Deepfakes are synthetic media created or altered using AI to depict events or statements that did not occur, including images, audio or video. The technology has advanced rapidly, making it increasingly difficult for U.S. voters to differentiate authentic content from fabricated material during election cycles. Deepfakes were particularly prominent in the 2024 election cycle, such as this series of images that targeted voters to support the campaign of now-President Trump.
The deepfake creation and distribution ecosystem involves multiple actors, including:
Several states have enacted laws targeting election-related deepfakes (e.g., California's AB 2655, Texas's SB 751), but there is no comprehensive federal framework. This patchwork creates jurisdictional gaps, inconsistent enforcement, and potential conflicts with First Amendment protections for political speech, satire, and parody.
As AI capabilities improve, deepfakes will become more sophisticated and have a higher potential to spread misinformation and sway voters. The 2026 midterms and 2028 presidential election present immediate risk scenarios.
Develop a federal policy framework that addresses malicious election-related deepfakes. Your proposal should explain how and why your recommended policy would protect democratic integrity while respecting constitutional constraints. In your analysis, consider tradeoffs across different regulatory approaches. Relevant considerations may include: