We appreciate the opportunity to provide comments related to the Federal Communications Commission (FCC)’s Notice of Proposed Rulemaking on “Disclosure and Transparency of Artificial Intelligence-Generated Content in Political Advertisements.” This comment does not represent the views of any particular party or special interest group, but is intended to assist regulators in considering the impact that such regulation would have on speech and the underlying concerns about the agency’s authority to engage in such rulemaking.

In that regard, we seek to emphasize two key points:

  • Disclosure requirements would impact a wide range of content and as a result could fail to achieve their goal of informing the public and deter the use of popular tools for beneficial purposes, restricting speech in the process;
  • The Commission lacks the proper authority to engage in such rulemaking as Congress has not delegated it such authority and the issue more firmly falls within the scope of the Federal Elections Commission (FEC).