‘Deepfake’ videos target Mark Walker in NC congressional campaign

Former Rep. Mark Walker this week became the victim of two videos cloning his voice to attack his campaign.

One of the videos posted on social media by First Freedoms Foundation, a Greensboro-based super PAC supporting Christian Castelli, uses a video Walker posted Monday and dubs over it with audio that sounds like Walker’s voice saying he is not qualified to be in Congress and that Castelli has a better resume. A second video fakes Walker saying he is in over his head and that he believes Castelli will win.

Both videos were posted Tuesday afternoon and have since been removed from all of the super PAC’s social media accounts.

Walker highlighted the deception in a news release calling them “deepfake” videos created using artificial intelligence.

“This is an egregious use of AI technology and sets an example of what not to do in a campaign,” said Paul Shumaker, Walker’s campaign strategist, in the release. “The FEC has already made it clear that false AI content violates federal election law and we intend to explore all legal options.”

Shumaker told McClatchy there were meetings Wednesday and there would be another Thursday to discuss possible legal avenues to pursue.

Castelli told McClatchy Wednesday afternoon that he didn’t know the videos existed.

“I don’t like AI for this very reason,” Castelli said, when McClatchy called Wednesday. “It’s dangerous. It’s hearkening back to the emergency phone calls people have received saying their children are in distress. It’s disgusting. It’s scary stuff.”

Castelli said he has no connection to the super PAC.

“Unequivocally, nobody on my staff is associated with this. ... None of the consultants on my payroll are behind this,” Castelli said. “... I have a communications director. I’m sure he doesn’t know anything about this. Otherwise he would have called me immediately, so I’m going to tell him that this AI stuff is out there and I don’t want this affiliated or associated with my name because this is the next level of dirty politics.”

First Freedoms Foundation

Federal Election Commission reports give some insight into the political action committee. It claims two “custodians of records:” Michael Goode and Paul Kilgore, both based in Atlanta.

An address used by the super PAC traces back to Carolina Digital Phone in Greensboro, whose founder and CEO, Nicky Smith, is the main contributor to the PAC.

Goode, Kilgore and Smith did not answer the phone Wednesday or respond to voicemails seeking comment on this story.

Brett Kappel, an attorney with Harmon Curran focused on campaign finance, lobbying and government ethics law cases, noted two possible regulatory problems with the video: federal law prohibits impersonation of a campaign or a candidate, and the video fails to use a disclaimer.

“It used to be that anything on social media was not required to have a disclaimer on it,” Kappel said. “Now they are.”

Kappel said the FEC has not set regulations on the use of artificial intelligence to make video or audio commercials but is considering it.

Walker is considered the front-runner in the race to represent North Carolina’s 6th district, based in the Triad. Besides Castelli, he is facing four Republican challengers, including Trump-endorsed former lobbyist Addison McDowell, former N.C. State football star Bo Hines, former High Point Mayor Jay Wagner and plastic surgeon Mary Ann Contogiannis.

McDowell’s campaign sent a statement condemning the use of AI in the race.

“I’m no fan of Mark Walker, but the fake, AI tactic used to attack Walker is wrong and should be condemned,” said Jonathan Felts, McDowell’s campaign advisor. “Spin and satire are a big part of campaign communications, but this was neither. This was blatantly making up something that’s completely false.”

Felts added that if this wasn’t illegal, it should be.

“The organization that launched this attack already lacked credibility and now it’s clear it lacks any ethical standards as well,” Felts said. “I hope the buffoons responsible for it will be outed publicly and left only with career options more suited to their skillset, like Ponzi schemes and other fraudulent scams.”

Campaign attacks

Going into the 2024 election cycle there have been many warnings about the potential for political groups to use deepfakes. Someone with more skills than the creator of the Walker videohad might have tricked many into believing it was really Walker talking.

Walker isn’t the first candidate globally or in the United States to experience the ramifications of such technology. For example, political operative Steve Kramer had someone create a robocall using President Joe Biden’s likeness and discouraging New Hampshire voters from participating in the state’s primary, the Associated Press reported.

Kramer worked at the time for Biden’s opponent, Rep. Dean Phillips, who denies any involvement. The Federal Communications Commission determined that creating robocalls using AI to generate a voice is illegal.

Walker’s video

In the case of Walker, the video was poorly executed. The creator took a video that Walker posted only 24 hours earlier regarding the death of 22-year-old Laken Riley, who was brutally killed Feb. 22 in Georgia. Charged in her death is Jose Ibarra, a citizen of Venezuela living in the United States illegally.

Walker used the video to call on the Biden administration to reinstate the Remain in Mexico policy, which requires people seeking asylum in the United States to stay across the southern border until their case has been heard.

The creator of the fake took the same video, zoomed in on Walker’s face and tried to recreate it as if it showed him sitting in his car talking to a friend over FaceTime. The editor didn’t bother to match the audio to the way his lips moved.