In an effort to stop the spread of misinformation and make it easier for Minnesotans to make an informed decision when it comes to local and state elections, Minnesota lawmakers passed a law in 2023 that criminalized using deceptive deepfakes. Deepfakes are a form of AI technology that are created to make it appear like a person is doing or saying something that they never did. The goal with the creation of the bill is to stop the spread of misinformation by banning deepfakes that many people may unknowingly believe are legitimate.
In a lawsuit filed last week, Elon Musk and the team at X Corporation (formerly Twitter) are suing Minnesota, claiming that the banning of these harmful and deceptive deepfakes is unconstitutional. In the lawsuit, X claims that the law is a violation of First and Fourteenth Amendment protections, and it also alleges that Minnesota Attorney General Keith Ellison has a personal vendetta against X and its owner.
Banning Deepfakes
The banning of these deepfakes, a form of generative artificial intelligence (GAI), was widely supported back in 2023 when the measure was first passed. The law said that if GAI is used without consent of a political candidate, both the person who created the deepfake and any entity that enters a contract to disseminate the materiel are subject to fines and jail time if they act with reckless disregard.
X’s Terms of Service prohibit deepfake content, but there have been plenty of instances where misleading AI-generated content has not only been shared by users, but reshared by Musk himself, like this instance when he shared an image of presidential candidate Kamala Harris in a Soviet Russia military uniform. If it is determined that this AI-generated content was created with the intention of harming a candidate, Musk could be held responsible under Minnesota law.
In their lawsuit, X argues that the wording of the Minnesota law is so vague that it would require blanket censorship that will smother political speech that should be protected by the Constitution. They also argue that the “Community Notes” section and an AI chatbot are available to help explain and give contexts to readers about certain images if they are curious. X is seeking a permanent injuction from being forced to adhere to Minnesota’s law.
The Minnesota Attorney General’s Office is currently reviewing the lawsuit. Meanwhile, many Minnesota legislators are currently working on proposals that would increase the penalties for GAI when it is used for “revenge porn” or to create false deepfake sexual images.
We’ll keep an eye on the courts as this one plays out. We don’t see Minnesota backing down, and we also don’t see Musk doing anything to rein in misinformation, so we’ll see what the courts have to say.
If you need help with a criminal matter in the greater Twin Cities area, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
