Two Missouri bills would regulate AI-generated images, ‘before it becomes too late’

Missouri lawmakers are proposing legislation to govern the creation of “deep fakes” as concerns mount over the proliferation of artificial intelligence.

One bill, filed by Rep. Ben Baker, a Neosho Republican, would enforce penalties against the creators of deep fake election campaign materials. Another, introduced by Rep. Adam Schwadron, a St. Charles Republican, would allow individuals whose likeness is used in pornographic deep fake content to sue its creator.

Deep fakes can “ruin someone’s life,” Baker said during debate over his bill early this month.

The phrase refers to images, videos or audio created or manipulated using artificial intelligence or AI, according to a report from the U.S. Government Accountability Office. Most deep fakes depict non-consensual pornographic content, but that the technology can also be used to influence elections, according to the report.

“It’s a difficult line to try to find and to define when it comes to AI-generated media and synthetic media,” Baker said. “But I think it’s important that we try to address it.”

Deep fakes in election campaigns

Baker’s bill would require a disclaimer on any AI-generated election campaign content that airs as early as 90 days before an election.

Without the disclaimer, the creator of that content could face criminal penalties, including up to six months in jail or a fine of up to $1,000. The bill would also create civil liability, meaning that the person depicted could seek legal action.

“The whole intent of it is to try to make sure that we’re protecting voters from being purposely deceived,” Baker said. “It’s already happening with elections this year, so we’re already behind on this, but I think trying to address that is important.”

Baker said because 2024 is an election year, he’d like to see the bill fast-tracked in time for the primary elections in August. He said while the bill has broad support, including from House Republican leadership, he isn’t sure the Senate would approve the measure.

The House gave initial approval to Baker’s bill earlier this month. It needs one more vote before it heads to the Senate.

As the bill is currently written, only the person who created the deep fake content can be held liable.

House Democrats, including Rep. Bridget Walsh Moore, a St. Louis Democrat, said the bill generally had support from both Democrats and Republicans. But Walsh Moore said it could do more to hold the creators and distributors of deep fake content accountable.

She and other House Democrats wanted to see the bill be in effect earlier and include liability for broadcasters.

“Baker’s bill still has a lot of flaws,” she told The Star. “(It’s) so limiting to a certain time period, and only politicians … he really doesn’t go after the bigger companies.”

Baker said on the House floor that he was amenable to allowing the law to be enforced earlier in an election campaign. Those changes are likely to happen in a Senate committee, he said, provided that the bill passes a final vote in the House.

But he said he was less willing to make broadcasters liable.

“I just want to make sure that we’re not putting companies at risk for no reason, when it’s something that they tried to vet and maybe missed it or whatever,” he said.

‘The Taylor Swift Act’

The other bill, from Schwadron, would create penalties for the people who use AI to create inappropriate content without the consent of those depicted. He’s dubbed it “The Taylor Swift Act.”

Schwadron filed the bill early in this year’s legislative session, as a number of pornographic deep fakes flooded social media depicting the “Blank Space” singer in indecent or sexual situations.

But Schwadron said that the bill was actually inspired by other victims, as well as his own daughters.

“This has been a growing problem. I’ve seen pictures that have been generated through AI — they’re looking more and more lifelike every day,” Schwadron said. “I want to get ahead of this before it becomes too late.”

Schwadron and Walsh Moore, the St. Louis Democrat, said the bill also had bipartisan support.

But unlike Baker’s bill, Schwadron’s legislation has yet to be voted out of committee after a public hearing was held earlier this month.

The bill’s lack of movement has raised some questions about whether it could be related to Schwadron’s decision to publicly call for Republican House Speaker Dean Plocher to resign.

Walsh Moore said Schwadron’s remarks likely resulted in his legislation stalling. On the other hand, she said, “Ben Baker is toeing the line.”

Earlier in the session, Schwadron was one of a few Republicans to call for the Speaker’s resignation. Plocher is accused of inappropriately requesting government reimbursements, firing his chief of staff and allegedly making threats against nonpartisan House employees.

The Missouri House Ethics Committee is investigating a complaint of ethical misconduct connected to Plocher.

Schwadron declined to speculate on as to whether his relationship with Plocher was also preventing this bill from making it to the House floor.

He said he’s seen success in “amending other bills in order to get things done,” and said he would likely seek to work with someone in the Senate to get the measure through.

Plocher did not respond to multiple requests for comment.