A federal judge has temporarily halted the implementation of a significant portion of California’s newly enacted artificial intelligence regulations just 11 days after Governor Gavin Newsom signed them into law. Immediately after signing AB 2839, Governor Gavin Newsom publicly acknowledged that the technology could potentially be employed to create an AI-generated deepfake of Vice President Kamala Harris. This sparked controversy and a perceived rift between the two leaders. Despite this ruling, California cannot force people to remove election deepfakes for now, at least.
particularly when their submission bears resemblance to a politician’s and the poster is conscious of mimicking one, which may befuddle voters. While the legislation is aimed at regulating the proliferation of AI deepfakes, its scope is limited insofar as it only targets those who create and distribute these manipulated media, rather than addressing the underlying platforms where they appear? California lawmakers pass AB 2839, enabling judges to compel poster companies to remove AI-generated deepfake content from their platforms or risk facing financial consequences if they fail to comply.
Just one day after California’s novel legislation was enacted, Christopher Kohls, the individual behind the controversial AI deepfake post, unexpectedly initiated legal action to declare the measure unconstitutional. Kohl’s lawyer argued in court papers that the deepfake video of Kamala Harris is a form of satire that should be protected under the First Amendment.
On Wednesday, a United States district judge ruled in favor of Kohl’s, as decided by Judge John Mendez. Mendez sought a temporary restraining order to temporarily bar California’s state bar from enforcing its new law against Kohl’s or any other entity, excluding only audio messages that fell outside of the scope of Assembly Bill 2839.
Decide Mendez’s most profound utterance, as reported, was:
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While his assertion that the legislation is overly broad has merit, it risks understating the potential for catastrophic consequences if left unchecked; specifically, a lack of clear guidelines may invite unwarranted intrusions by state officials into the realm of protected expression.
As the outcome of this decision could lead to a preliminary injunction, we’ll need to monitor developments to determine if this California legislation is ultimately halted, but in either case, its impact on next month’s elections is likely to be minimal. California Governor Gavin Newsom recently signed Assembly Bill 2839 (AB 2839), a landmark piece of legislation regarding artificial intelligence, into law, effective last month.
It’s a significant victory for Elon Musk’s supporters of unfettered expression on X. Following Governor Newsom’s signature on AB 2839, Elon Musk and his supporters promptly published an analysis of California’s newly enacted legislation.
