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Rules for AI-created 'deepfakes' this election cycle now in effect, Colorado AG Phil Weiser warns

Phil Weiser AP
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DENVER — The political ads have started flooding the airwaves, showing up on front yard signs, bombarding mailboxes, e-mail and text message inboxes, not to mention social media feeds.

While many Coloradans are already annoyed, it's important to be on the lookout for misinformation and "deepfakes," state Attorney General Phil Weiser warned Monday.

"Deepfakes" are realistic-looking images, videos and audio created using artificial intelligence, Wiser's office said in a public advisory.

“Because images, videos, and audio created with artificial intelligence are becoming difficult to distinguish from the real thing, you should be cautious when forming opinions based on what you see and hear online, on TV, and receive in the mail,” Weiser said.

This year, Gov. Polis signed into law new rules requiring candidates and campaigns who uses artificial intelligence to create election content for voters to include a disclaimer.

HB24-1147 mandates anyone using AI that features images, videos or audio of candidates for political office explain that the content is not real. Otherwise, the creator faces fines and even criminal penalties.

The law dictates exact font sizes and other requirements for the disclaimers.

“The sad reality is that even AI-powered tools designed to detect these deepfakes have difficulty catching them," Weiser said. "I encourage voters to do your research, get your news and information from trusted sources, and be mindful that the sophistication of AI means you can’t always believe what you see and hear anymore.”

The new law applies to election communications disseminated to voters within 90 days of a general election. The 2024 November general election is less than 90 days away, making the rules now in effect.

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