Fraudulent Misrepresentation of Campaign Authority

Clarifies that 52 U.S.C. 30124 and 11 CFR 110.16 apply to fraudulent misrepresentation using AI. States that the statute is technology-neutral, covering fraud via AI-generated content or other means. Emphasizes non-binding nature of this interpretive guidance.

  • Authority: Federal Election Commission
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. regulations, executive orders, and agency policies
  • Most recent activity: Enacted
  • Most recent activity date: 2024-09-26

Risk subdomain coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • False or misleading information
  • Disinformation, surveillance, and influence at scale
  • Fraud, scams, and targeted manipulation

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal coverage of approximately 2-3 subdomains, with primary focus on malicious actors using AI for fraud and disinformation (4.1, 4.3). Coverage is concentrated in the misuse prevention domain, specifically addressing fraudulent misrepresentation in political campaigns.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Public Administration (excl. National Security)

All other sectors had no coverage in this document.

Sectors Summary

The document governs Public Administration (excluding National Security) as it regulates political campaigns, candidates, and electoral processes. It does not govern commercial sectors but rather the political and electoral domain.

Legislative Status

Soft Law

Legislative Status Summary

This is an interpretive rule that explicitly states it does not bind the Commission or create legal obligations, relying on existing statute 52 U.S.C. 30124 for enforcement.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: Federal Election Commission; Sean J. Cooksey, Chairman
  • Summary: The document is issued by the Federal Election Commission as an interpretive rule to clarify the application of existing statute to AI technology.

Target

  • Entity Types: AI_User, Affected_Stakeholder
  • Entities: Federal candidates; political parties; employees or agents thereof; any person
  • Summary: The guidance applies to Federal candidates, their agents, political parties, and any person who might fraudulently misrepresent campaign authority using AI or other means.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Federal Election Commission
  • Summary: The Federal Election Commission has authority to enforce the underlying statute (52 U.S.C. 30124 and 11 CFR 110.16), though this interpretive rule itself is non-binding.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: Federal Election Commission
  • Summary: The Federal Election Commission monitors compliance with campaign finance laws, including fraudulent misrepresentation provisions, though no specific monitoring mechanisms are detailed in this interpretive guidance.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Deploy

AI Lifecycle Summary

The document does not focus on specific AI lifecycle stages but rather addresses the use of AI-generated content in fraudulent misrepresentation. It is technology-neutral and applies regardless of how AI is developed or deployed.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • Generative AI

Technical Scope Summary

The document mentions AI in general terms, specifically 'AI-assisted media' and 'artificial intelligence', but does not define or distinguish between AI models, systems, or specific types of AI. It is technology-neutral and does not reference compute thresholds or model types.

https://www.federalregister.gov/documents/2024/09/26/2024-21983/fraudulent-misrepresentation-of-campaign-authority
https://agora.eto.tech/instrument/1322
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Document data from AGORA, CSET Emerging Technology Observatory.