Colorado investigates potential deepfake law violation…

The Colorado secretary of state’s office is investigating whether an AI-generated video featuring State Sen. Cathy Kipp violates state regulations concerning undisclosed deepfakes of political candidates. Filed on August 5, 2024, the complaint alleges that a video distributed by the Independence Institute failed to adhere to legal disclosure requirements during the critical 90-day window before a general election.

What happened

The Independence Institute, an opponent of the tax-related Proposition NN, released a 45-second video depicting Sen. Kipp as a grocery store clerk. In the footage, a version of Kipp refuses to provide a customer with change, claiming management is retaining the funds to support education. A narrator then asserts that Proposition NN aims to keep tax refunds permanently. While the video included a brief three-second disclaimer stating it was AI-generated, Kipp’s complaint argues this does not satisfy the statutory requirements under Colorado law.

State law mandates that disclosures must be written in text of a size comparable to other text in the content and must include specific language: “This (image/audio/video/multimedia) has been edited and depicts speech or conduct that falsely appears to be authentic or truthful.” Furthermore, the law requires that metadata contain information regarding the specific AI tool used to create the content.

Kipp, who sponsored the bill that referred Proposition NN to the ballot, contends that the use of such technology without consent is a misuse of AI that risks normalizing the spread of misinformation in elections. The Independence Institute has not provided a comment. The secretary of state’s office officially launched the investigation on August 19, with a resolution deadline set for September 18. This case represents the first complaint filed within the statutory timeframe for consideration under Colorado’s election deepfake regulations.