Deepfake NH Robocall Lends Urgency to Bipartisan Senate Effort Targeting A.I.
In September, U.S. Senators Richard Blumenthal (D-CT) and Josh Hawley (R-MO), Chair and Ranking Member of the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, announced a bipartisan legislative framework to establish guardrails for artificial intelligence (AI). The framework laid out specific principles for upcoming legislative efforts, including the establishment of an independent oversight body, ensuring legal accountability for harms, defending national security, promoting transparency, and protecting consumers and kids.
Following reports that thousands of potential New Hampshire voters received robocalls of a deepfake of President Biden’s voice urging them to stay home and not cast their ballots during the primary, Senator Blumenthal is urging both Congress and the CT Legislature to take swift action on regulating AI. “AI has many promising applications; developments in research, detecting disease and other promising purposes, but it also has tremendous peril,” Blumenthal said in a legislative briefing in Hartford on January 26th. He voiced his concern that AI could be weaponized to spread disinformation. “If they can do that with the President’s voice, they can do anything.” Blumenthal wants a ban on the use of AI for deceptive purposes added to the Federal election laws.
When the bipartisan framework for regulating AI was announced in September, Blumenthal called it “a milestone—the first tough, comprehensive legislative blueprint for real, enforceable AI protections.”
“Congress must act on AI regulation, and these principles should form the backbone,” said Hawley. “Our American families, workers, and national security are on the line. We know what needs to be done—the only question is whether Congress has the willingness to see it through.”
Specifically, the framework would:
Establish a Licensing Regime Administered by an Independent Oversight Body. Companies developing sophisticated general purpose AI models or models used in high risk situations (e.g., facial recognition) would be required to register with an independent oversight body, which would have the authority to audit companies seeking licenses and cooperating with other enforcers such as state Attorneys General. The entity should also monitor and report on technological developments and economic impacts of AI.
Ensure Legal Accountability for Harms. Congress would require AI companies to be held liable through entity enforcement and private rights of action when their models and systems breach privacy, violate civil rights, or cause other harms such as non-consensual explicit deepfake imagery of real people, production of child sexual abuse material from generative AI, and election interference. Congress would ensure enforcers and victims can take companies and perpetrators to court.
Defend National Security and International Competition. Congress would utilize export controls, sanctions, and other legal restrictions to limit the transfer of advanced AI models, hardware, and other equipment to China, Russia, other adversary nations, and countries engaged in gross human rights violations.
Promote Transparency. Congress would promote responsibility, due diligence, and consumer redress by requiring transparency from companies. Developers would be required to disclose essential information about training data, limitations, accuracy, and safety of AI models to users and other companies. Users would also have a right to an affirmative notice when they are interacting with an AI model or system, and the new agency should establish a public database to report when significant adverse incidents occur or failures cause harms.
Protect Consumers and Kids. Consumers would have control over how their personal data is used in AI systems and strict limits would be imposed on generating AI involving kids. Companies deploying AI in high-risk or consequential situations would be required to implement safety brakes and give notice when AI is being used to make adverse decisions.
The Senate Judiciary Subcommittee on Privacy, Technology and the Law has jurisdiction over legal issues pertaining to technology and social media platforms, including online privacy and civil rights as well as the impacts of new or emerging technologies.
