Republican Representative Mike Lawler from New York, along with Democratic Representative Josh Gottheimer from New Jersey, has urged four federal agencies to address alleged election misinformation linked to artificial intelligence (AI). This call has sparked concern from First Amendment advocates.
The lawmakers are asking the Department of Justice (DOJ), Department of Homeland Security (DHS), Cybersecurity and Infrastructure Security Agency (CISA), and Federal Election Commission (FEC) to monitor AI technologies to curb misinformation related to elections. Their request, outlined in a letter, has raised alarms among free speech groups worried about its implications for U.S. citizens’ constitutional rights.
In their letter, they emphasize the importance of ensuring the U.S. is safeguarded against AI-related threats to election integrity, especially with midterm elections approaching. They also request more collaboration with AI companies to better understand mechanisms for recognizing political bias and misinformation.
Lawler stated on X that his initiative aims to assist AI firms in tackling election-related threats while enhancing transparency and addressing bias. However, neither he nor Gottheimer provided clarity to inquiries regarding who would define misinformation.
David Inserra, a technology and free expression fellow at the Cato Institute, criticized the letter, declaring it a “significant infringement” on First Amendment rights. He echoed concerns that the government should not have the authority to regulate misleading or biased speech, noting that inaccuracies are part of discourse and should not be policed by officials.
Inserra highlighted a worrying trend of governments targeting what they label as misinformation, referencing the actions companies took in the wake of the 2016 and 2020 elections when accounts were suspended for sharing certain controversial articles. He expressed astonishment that both Republicans and Democrats seem unaware of the potential dangers posed by such actions.
Aaron Tell from the Foundation for Individual Rights and Expression (FIRE) remarked that this directive could press AI platforms to conform to government viewpoints, drawing parallels with recent government interactions with social media companies.
Brett Swanson from the Heritage Foundation described the government’s measures against alleged misinformation as potentially more perilous than the misinformation itself. He suggested that the letter does not enact any specific policy but could lead to broader surveillance under the guise of election security.
The DOJ has indicated it will thoroughly examine the letter and take concerns regarding AI and election security seriously. CISA has noted its direct engagement with Congress regarding these questions, while the FEC and DHS have not commented further.
Inserra expressed concerns that Lawler and Gottheimer aim to steer AI tools according to federal preferences, viewing this initiative as a constitutional challenge. Earlier in May, Lawler and Gottheimer had also called on AI companies, including major players like OpenAI and Google, to mitigate political bias before the upcoming elections.
