California's Governor Signs Groundbreaking AI Laws Targeting Election Deepfakes and Digital Clones

On Tuesday, California Governor Gavin Newsom signed into law several stringent regulations targeting the artificial intelligence (AI) sector. Three of these new laws aim to curb the spread of AI-generated deepfakes designed to influence elections, while the remaining two set new ethical standards for Hollywood studios in the use of AI to replicate actors' voices and likenesses.

Among the new regulations, AB 2655 mandates that large online platforms such as Facebook and X remove or clearly label AI-generated deepfakes that could impact elections. This law also requires these platforms to establish channels for reporting such content, and it grants candidates and elected officials the right to seek injunctive relief if these platforms do not comply.

Another significant piece of legislation is AB 2355, which mandates disclosures for AI-generated political advertisements. This means that future political campaigns will need to clearly indicate when an advertisement has been generated using AI, making it harder for misleading deepfakes to spread unnoticed. These measures are in line with similar initiatives proposed at the national level by the Federal Communications Commission (FCC), which has already banned the use of AI-generated voices in robocalls.

The final two laws that Governor Newsom signed were heavily supported by SAG-AFTRA, the nation's largest union for film and broadcast actors. AB 2602 requires Hollywood studios to obtain explicit permission from actors before creating AI-generated replicas of their voice or likeness. Meanwhile, AB 1836 prohibits studios from digitally replicating deceased performers without the consent of their estates. These laws aim to preserve the rights and integrity of performers, both living and deceased, in an era where AI technology makes replication increasingly facile.

Governor Newsom's proactive stance on AI regulation is particularly noteworthy given California's role as a global leader in technology and innovation. "Home to the majority of the world’s leading AI companies, California is working to harness these transformative technologies to help address pressing challenges while studying the risks they present," noted Newsom’s office in a press release. With 38 AI-related bills currently under consideration, California aims to lead the way in establishing robust regulatory frameworks for managing both the potential and the risks of AI technologies.

One of the most contentious among these pending bills is SB 1047, which has sparked considerable debate. During an appearance at the 2024 Dreamforce conference, Governor Newsom discussed the complexities and possible unintended consequences of this legislation. Critics argue that SB 1047 could stifle innovation in the open-source AI community, while supporters contend it is essential for managing the societal risks posed by unchecked AI development.

Newsom articulated a balanced approach to AI legislation, emphasizing the need to discern between demonstrable and hypothetical risks. "What are the demonstrable risks in AI and what are the hypothetical risks? I can’t solve for everything. What can we solve for? And so that’s the approach we’re taking across the spectrum on this," he stated. This nuanced view highlights the governor's recognition of AI's dual-edge sword: its transformative potential and its inherent risks.

The rapid advancements in AI technology underscore the urgency of these legislative actions. AI-generated deepfakes pose significant threats to democratic processes by potentially misleading voters with false information. Similarly, the ability to replicate someone's voice or appearance without their consent raises profound ethical questions about identity and ownership in the digital age.

California's new legislative measures come at a time when the broader business environment is increasingly grappling with the implications of AI. Industries ranging from entertainment to politics and beyond must now navigate a landscape where AI can both serve as a powerful tool and pose significant risks. Businesses and policymakers alike will need to adapt to a rapidly evolving regulatory environment that seeks to balance innovation with ethical considerations.