CHEYENNE — Lawmakers seemed divided this week over how to legislate AI governance in Wyoming, with some committee members arguing that overly broad legislation will impede on First Amendment rights of free speech.
Members of the Legislature’s Select Committee on Blockchain, Financial Technology and Digital Innovation Technology continued discussion from their May meeting on Senate File 51, “Unlawful dissemination of misleading synthetic media.”
The bill was drafted last interim and made it halfway through the 2024 budget session before dying in the House of Representatives.
SF 51, as written, prohibits the distribution of synthetic media, or deepfakes, with the intent to deliberately mislead people and spread misinformation.
Deepfakes are digitally altered content through the use of AI technology to manipulate a person’s image or likeness.
The bill requires a posted disclaimer with any digitally altered content using AI technology.
However, it’s difficult to legislate defamation under the context of free speech.
The question committee members asked themselves on Monday is what to do when a person’s free speech is impeded by another person’s speech.
Cheyenne accountant David Pope, who serves as one of the governor’s liaisons to the committee, said AI technology can create videos or voice memos of people saying things they didn’t actually say in real life.
This kind of digitally altered content could ruin a person’s reputation or career, he said.
“I believe that if I am saying something, I have a right to say it, even if someone else doesn’t agree with that,” Pope said. “But that someone else cannot, and should not, be able to manipulate my voice … to further their own ends.”
Committee co-Chair Sen. Chris Rothfuss, D-Laramie, is adamantly supportive of the bill. He said on Monday, and in previous meetings, that AI governance laws in other states contain too many loopholes and lack the “teeth” to be effective.
His concern in drafting legislation for Wyoming, Rothfuss said, is passing another bill that will be just as ineffective. However, Sen. Affie Ellis, R-Cheyenne, who has a background in law and political science, said the bill is too broad and mixes in too many legal areas.
“We’re mixing theories of law that don’t always mix,” Ellis said. “And for politicians’ defamation, we’re held to a lower standard. I mean, it’s really hard for a politician to say ‘This is defaming me.’”
Her argument is to narrow the bill to a specific component, such as regulating campaigns. Sen. Tara Nethercott, R-Cheyenne, who is a practicing attorney and supporter of SF 51, said there should be a focus on protecting the public, rather than political candidates.
“I certainly care about the candidate deeply. But I think when we’re talking about campaigns, what we’re really concerned about is harm to the public,” Nethercott said.