Lawsuit Challenges California's New AI Deepfake Laws

Man Who Made Kamala Harris AI Parody Video Sues California After State Passes New Deepfake Laws

Christopher Kohls sues California after AI-generated Kamala Harris parody triggers new laws targeting election-related deepfakes. Mr Reagan, an X user whose use of AI-generated material in the American election season has triggered a widespread debate on Tuesday sued the state of California after Gov. Gavin Newsom signed laws restricting the use of digitally altered political 'deepfakes'. Mr Reagan, whose real name is Christopher Kohls, posted a video in July and called it a parody of a Harris campaign ad. The ad contains AI-generated clips mimicking Harris' voice and saying she's the "ultimate diversity hire". Elon Musk, X, SpaceX and Tesla owner, shared the video but did not say it was a parody, which angered Newsom who then vowed to ban such content. California now has some of the toughest laws in the United States to crack down on election deepfakes ahead of the 2024 election after Gov. Gavin Newsom signed three landmark proposals this week at an artificial intelligence conference in San Francisco. The state could be among the first to test out such legislation, which bans the use of AI to create and circulate false images and videos in political ads close to Election Day. But now, two of the three laws, including one that was designed to curb the practice in the 2024 election, are being challenged in court through a lawsuit filed Tuesday in Sacramento. Those include one that takes effect immediately that allows any individual to sue for damages over election deepfakes, while the other requires large online platforms, like X, to remove the deceptive material starting next year. "It's unclear why this conservative activist is suing California," Newsom spokesperson Izzy Gardon said in a statement. "This new disclosure law for election misinformation isn't any more onerous than laws already passed in other states, including Alabama." Theodore Frank, an attorney representing the complainant, said the California laws are too far reaching and are designed to "force social media companies to censor and harass people." "I'm not familiar with the Alabama law. On the other hand, the governor of Alabama had hasn't threatened our client the way the governor of California did," he told The Associated Press. Among the three law signed by Newsom on Tuesday, one takes effect immediately to prevent deepfakes surrounding the 2024 election and is the most sweeping in scope. It targets not only materials that could affect how people vote but also any videos and images that could misrepresent election integrity. The law also covers materials depicting election workers and voting machines, not just political candidates. The law makes it illegal to create and publish false materials related to elections 120 days before Election Day and 60 days thereafter. It also allows courts to stop the distribution of the materials, and violators could face civil penalties. The law exempts parody and satire. The goal, Newsom and lawmakers said, is to prevent the erosion of public trust in U.S. elections amid a "fraught political climate." But critics such as free speech advocates and Musk called the new California law unconstitutional and an infringement on the First Amendment. Hours after they were signed into law, Musk on Tuesday night elevated a post on X sharing an AI-generated video featuring altered audios of Harris. "The governor of California just made this parody video illegal in violation of the Constitution of the United States. Would be a shame if it went viral," Musk wrote of the AI-generated video, which has a caption identifying the video as a parody.

Creator of Kamala Harris parody video sues California over 'deepfake' law

Sept. 19 (UPI) -- A video creator is suing the State of California for a new law labeling the use of "deepfake" artificial intelligence political ads that banned his parody of Vice President Kamala Harris saying she was the "ultimate diversity hire." Christopher Kohls said his First and 14th Amendment rights were violated when Gov. Gavin Newsom signed the anti-deepfake measure into law on Tuesday. He claims the law effectively banned his Harris video, which had drawn controversy since he first posted it over the summer. X owner Elon Musk reposted the video without identifying it as a parody, drawing the ire of Harris supporters around the country, including Newsom, who vowed to outlaw such videos. Kohl's initial post labeled the video as a "campaign ad parody," which protected it under previous California law. He claims the new law requires a new font size for the labeling that would fill up the entire screen of his video. "Requiring them to use the word 'parody' on the actual video avoids further misleading the public as the video is shared across the platform," Newsom spokesperson Izzy Gardon said. "It's unclear why this conservative activist is suing California. "This new disclosure law for election misinformation isn't any more onerous than laws already passed in other states, including Alabama." Kohls, who goes by the username Mr Reagan on X, had had the Harris video viewed 135 million times since it was shared by Musk. In court papers, he said he has the "absolute Constitutional right to lampoon politicians he believes should not be elected."