Alaska Senate Bill 64 (SB 64): Legality and Implications of Deepfake

1. Overview

In January 2025, the Senate Rules Committee introduced Alaska Senate Bill 64. It is a thorough election reform bill that improves how the state conducts voting and political messaging. The bill updates security requirements, improves voting procedures, and addresses the increasing influence of AI-generated deepfakes during elections. The general idea is to gain voter trust by making political content accessible, verifiable, and secure.

2. Extent of the Law

Political deepfakes are becoming increasingly a source of concern. Deepfakes can create extremely realistic but deceptive impersonations of individuals that can influence public opinion. SB 64 seeks to control how such content is created and shared, especially ahead of election periods.

The law prohibits the creation or transmission of AI-based content that manipulates an individual’s words or behavior to mislead voters. It can be video, audio, or images. Utilization of such content in the 90 days preceding an election makes it come under stringent disclosure. Campaigns must make disclosures about when synthetic media is used, and people affected by false or defamatory material have an open legal avenue of action.

3. Key Provisions

Disclosure Mandates: Political campaigns have to make public disclosures when they use AI-generated deepfakes.

Legal Remedy: This provides citizens with a mechanism for reporting defamation that comes from disinformation media.

Cybersecurity Practices: It establishes a cybersecurity program in the Division of Elections to protect against cyber attacks.

Voter Roll Purge: This accelerates the purging of voters who have relocated to another state.

Speedier Election Returns: It asks the Division of Elections to send absentee ballots for scanning seven days prior to the election so that they can report returns quickly.

Absentee Ballot Reforms: It eliminates the requirement of an uncertified witness signature on absentee mail-in ballots and mandates a procedure to allow voters to correct mistakes.

Voter Registration: This allows Alaskans to register to vote or update their registration up until Election Day.

4. Penalties & Enforcement

In the event the regulations regarding the application of AI-based deep fakes in election campaigning are violated, you can sue for civil defamation. These regulations also fall under the authority of the Division of Elections, as well as the Corporate Partners Alaska Attorney General’s office.

5. Comparison to Global Standards

SB 64 is consistent with international attempts to control content produced through AI use in elections. Other U.S. states, like California and Texas, have passed similar laws criminalizing the spread of fake AI-produced media in political contexts.

6. Practical Implications

For Political Campaigns: Political campaigns must make sure that any media content complies with the disclosure rule to avoid prosecution.

For Content Creators: The content creators who generate AI-generated content should be aware of legal requirements and sanctions concerning the spread of deceptive content.

For Voters: Voters should be aware of the existence of such laws and exercise caution when encountering potentially deceptive media during elections.

7. Future Outlook

As AI technology continues to improve, SB 64 can be revised to prevent future issues and continue to serve in safeguarding electoral integrity. Continuous debate and assessment will ensure whether further legislation is warranted.