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Lawmaker Thinks Deep Fake Political Ads Should Be A Crime…

Charles McCall’s banana may have triggered a reckoning in Oklahoma politics.

Just weeks after an ad where an A.I. Charles McCall gazed longingly at his thumb algorithmically spread across the Oklahoma politisphere, lawmakers have announced they’re introducing legislation to try and stop AI from influencing society and elections — apparently totally unaware it’s way too late for that.

Well, at least that’s one way to interpret a new regurgitated bill re-filed yesterday by State Rep. Neil Hays. Here he is posing in front of Trump’s border wall:

Neil recently introduced HB 3073.

If it becomes law, it would make “publishing or distributing digitized representations of another individual’s name, image, voice or likeness without written consent and with intent to harm” a misdemeanor or felony offense.

The bill is vague, likely criminalizes some forms of free speech, and ultimately feels unenforceable — but as we know, details like that don’t matter much to conservative Oklahoma politicians who fear change.

Neil Hays, R–Checotah, announced his intent to refile a bill that creates punishments for the use of artificial intelligence (AI) and deep-fake technology without consent of the person whose name, image, likeness or voice is used to create digital content and advertising that is disseminated to the public with the intent to harm.

“As we awaken each day to more sophisticated AI-generated media, we must recommit to the fundamental truth in advertising and the basic rights of every Oklahoman,” Hays said. “Every Oklahoman deserves to control their name, image, likeness and voice — and to know that when they are depicted, especially in an effort to influence the public, that they’re portrayed accurately.”

“If we erode trust because people are unsure whether what they see or hear is real, then we erode the very foundation of free and fair communication,” he said.

Boy. Can you imagine living in a world where people are unsure whether what they see or hear is real, and politics have eroded the very foundation of free and fair communication? That sure would suck, huh? Now if you’ll excuse me, I’m going to put on my MAGA hat, watch Fox News and consume algorithmic content on TikTok made by humans.

Despite my cynicism, and the general feeling that lawmakers are treating a symptom and not the disease, I actually see where Hays is coming from.

We can’t have people using AI to paint politicians in a bad light. If someone is going to repeatedly make hurtful videos that parody a politician — like this one that shows Hays tossing eggs at Trump’s border wall and then eating a banana — they should go to jail.

Okay, he’s not really tossing the eggs. He’s kicking them, but either way — is that really worthy of a criminal offense? Would I go to jail if I made an ad and put it on TV?

HB 3073 sought to criminalize publishing or distributing digitized representations of another individual’s name, image, voice or likeness without written consent and with intent to harm. The measure set criminal penalties, including elevation to a felony on a second offense.

Oh, I’d have to do it twice to go to jail? That sounds fun! Check this out:

Anyway, I’m not trying to be too obtuse to the issue here.

As the two videos that took about 5 minutes to make show, AI video technology is going to reshape the world almost as profoundly as the invention of video itself.

Yes, we’ll need real rules to prevent abuse – especially when it comes to privacy and ownership of your own image, name, and likeness – but this bill still feels less like thoughtful regulation and more like another authoritarian power grab by Oklahoma lawmakers who want to stifle creativity and speech.

Stay with The Lost Ogle. We’ll keep you advised.

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