Freedom Forum: AI and 1A: Is Artificial Intelligence Protected by the First Amendment?

By Ashkhen Kazaryan Key Takeaways The First Amendment protects people’s, corporations’ and other legal entities’ free speech rights from government restriction, but no court has found that AI programs themselves have the same free speech rights. AI-generated content is generally afforded the same First Amendment protections as content created by people or corporations and other […]

Tech Policy Press: The AI Election Panic: How Fear-Driven Policies Could Limit Free Expression

By Jordi Calvet-Bademunt As the US and EU shape their AI frameworks, they should consider lessons from recent experiences. The fear-driven narrative surrounding AI and the most recent elections, where AI-created content had limited impact, should caution policymakers against rushing ahead on laws that may unintentionally undermine democratic values. Policymakers crafting the forthcoming US Action […]

Tech Policy Press: Safeguarding Freedom of Expression in the AI Era

By Jordi Calvet-Bademunt  The European Union (EU) adopted the Artificial Intelligence (AI) Act in June 2024. Hailed as “the world’s first comprehensive AI law,” the AI Act includes a set of obligations for high-impact general-purpose AI models, which will start applying next year. Models are presumed to have a “high impact” when they have a certain amount of computation power. According […]

Sacramento Bee: Judge Temporarily Blocks New California Election Deepfake Law, Citing First Amendment

By Gillian Brassil California’s new law that allows people to sue over election deepfakes was temporarily blocked by a federal judge. The judge, in granting a preliminary injunction on Wednesday, wrote that the law likely violates the First Amendment given its broad scope, even if digitally-altered media such as by artificial intelligence poses “significant” risks. […]

Ars Technica: Elon Musk Claims Victory after Judge Blocks Calif. Deepfake Law

By Ashley Belanger Upholding the First Amendment, a senior US district judge has blocked California’s deepfakes law, AB 2839, which was designed to stop deceptive AI-generated content from impacting election outcomes. [ . . . ] A First Amendment scholar and senior fellow with the non-partisan think tank The Future of Free Speech, Jeff Kosseff praised […]

Techopedia: 50% of U.S. States Enact Deepfake Laws To Protect 2024 Elections

By Ray Fernandez 19 U.S. states have enacted laws regulating the use of generative AI in election communications, and seven more are considering bills. With no federal mandate, more than half of American states have enacted or are exploring laws designed to criminalize the creation and distribution of deepfakes in election-related content. [….] Deepfake laws […]

MSNBC: California’s Solution to Fight AI Disinformation Is Worse than The Problem

By Jacob Mchangama  Democracy, California Gov. Gavin Newsom warns, is on the brink. The culprit? A wave of “disinformation powered by generative AI,” poised to “pollute our information ecosystems like never before.” With the 2024 election looming, Newsom and California Democrats argue that artificial intelligence-generated content threatens to warp public perception. In response, the Golden State has swiftly enacted two bold […]

Techopedia: Can AI Rules Damage Freedom of Speech?

By Tim Keary The risk of AI systems being used to enable censorship is often overlooked. On the vendor side, so much focus is placed on safety and content moderation that the output of these tools often displays ideological biases, often outright blocking legitimate outputs. [ . . . ] How AI Vendor’s Content Moderation […]

Tech Policy Press: The Digital Services Act Meets the AI Act

By Jordi Calvet-Bademunt and Joan Barata This piece is part of a series that marks the first 100 days since the full implementation of Europe’s Digital Services Act. You can read more items in the series here. The adoption of the Digital Services Act (DSA) represented a major development within the context of the EU and beyond. Based […]

Tech Policy Press: Generative AI Developers Should Commit to Free Speech and Access to Information

By Jordi Calvet-Bademunt “When we started this work, we were curious. Now, we have real concerns.” The CEO of the Competition & Markets Authority (CMA), the British antitrust regulator, was referring to the competition risks her team has identified in the foundation models industry. Foundation models are a type of generative AI. Popular models include OpenAI’s GPT-4 and Google’s […]