NEWS

Authored by Brayden Lindrea via CoinTelegraph.com,

A federal court judge issued a preliminary injunction against a two-week-old California law that effectively bans election-related deepfakes.

The law — AB 2839 — allowed any person to sue for damages over AI deepfakes within 120 days of an election and up to 60 days after if the perpetrator’s post resembled a political candidate. 

Judge John A. Mendez said artificial intelligence and deepfakes pose significant risks but ruled that the law was “unconstitutional” as it likely violated the First Amendment.

The decision comes from a case involving Christopher Kohls, known as “Mr Reagan” on X. Kohls created a controversial AI-altered campaign video in July mocking United States Vice President Kamala Harris that was later shared by X’s executive chairman Elon Musk.

A lawyer representing Kohls filed a lawsuit against California Attorney General Rob Bonta and Secretary of State Shirley N. Weber to block the new law a day after California Governor Gavin Newsom signed it into law on Sept. 17. 

The law allowed California judges to order distributors of AI deepfakes to take them down or potentially face monetary penalties.

Mendez said Kohls is “likely to succeed on his state constitutional claim” and granted the motion for a preliminary injunction on Oct. 2.

Excerpt from Judge John A. Mendez’s decision in the Kohls case. Source: Election Law Blog

Mendez further agreed with Kohls’ lawyer that the AI deepfake of Harris was merely “satire” that should be protected by the First Amendment.

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Authored by Tom Klingenstein via RealClearPolitics,

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