Artificial intelligence has officially made its way into the political sphere, and more significantly, into this year’s campaign cycle. But now, it’s taking a dramatic turn, as a failed political candidate faces criminal charges for using AI tools on the campaign trail.
Jonathan Rinaldi was arrested outside his home in New York on Wednesday and could face up to two years in prison after he used AI to post fake endorsements and news articles on social media.
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AI use leads to criminal charges
Last year, Rinaldi unsuccessfully ran for a seat on the New York City Council representing a part of Queens. During the campaign, the Queens district attorney said, Rinaldi shared a post claiming to have an endorsement from the Queens Jewish Alliance. He allegedly used the organization’s authentic logo and a legitimate-looking endorsement sheet.
When the head of the alliance confronted Rinaldi in a recorded phone call, the candidate responded, “When you are trying to fight against the establishment, I have to use every available tool that’s at my disposal.”
That wasn’t the only endorsement Rinaldi allegedly faked, either. A criminal complaint notes that Rinaldi fabricated a New York Post story claiming a then-council member, who was a Democrat, had crossed the aisle to endorse him.
The complaint says the story was accompanied by a doctored photo that showed the council member shaking Rinaldi’s hand, a photo Rinaldi allegedly used AI to generate.
“Just change the face the head is ok they are both bald just change the face,” the prompt read.
AI’s presence in political campaigns
As Straight Arrow previously reported, there have been dozens of instances where AI was used in political campaigns. Often, AI appears in doctored images sent as mailers, but they lack a disclosure saying AI was used.
One example occurred in Texas earlier this year, when Sen. John Cornyn’s campaign sent a mailer showing challenger Ken Paxton spending time with well-known Democrats.
As such incidents occur more frequently, communication experts and lawmakers say making these AI products is becoming easier, cheaper and faster. With that, it may be harder for voters to trust what they see and hear on the campaign trail.
The legalities behind AI in political campaigns
No federal law specifically targets the use of AI by political campaigns. Several states, however, require a disclosure when AI is used in campaign ads.
The laws that come closest concern deepfakes; about 30 states have enacted legislation to regulate political deepfakes, either requiring a disclaimer or prohibiting the distribution of deceptive, unauthorized deepfakes of political candidates if intended to injure a candidate or deceive voters.
However, those laws are facing legal challenges in some cases.
The Federal Communications Commission is exploring rules that would require on-air and written disclosures in radio and television advertisements.
In addition, members of Congress have introduced several bills to provide candidates with a civil right of action against AI-generated deepfakes. But those bills have stalled.
Forgery and free speech
Rinaldi has run for office several times, losing a primary for a state legislative seat on Tuesday. He is best known in New York as a frequent sperm donor who has fathered a dozen children through artificial insemination.
While New York prohibits the use of deepfakes in campaign advertising, prosecutors did not pursue charges against Rinaldi over the AI-generated fake images. Rather, he was charged with forgery.
“Anyone who uses emerging technology to commit fraud against the voters of this borough will be held to account,” Queens County District Attorney Melinda Katz said in a news release.
Rinaldi, however, says the charge infringes on his First Amendment rights.
“I got arrested for social media posts,” Rinaldi told The Associated Press. “This is an issue that strikes at the heart of our First Amendment freedoms — not just for me, but for everybody.”
So, while First Amendment and forgery laws will likely be brought up throughout the case, law professor Eugene Volokh of the University of California, Los Angeles, told Straight Arrow that AI really has nothing to do with it.
“It doesn’t matter, for purposes of the forgery statute or the First Amendment, whether a document was faked using AI or using any other means,” Volokh said.
Rather, Volokh says the court will likely focus on “whether attempts to deceive voters about endorsements would count as ‘interference with governmental operations,’ or whether forged endorsements could be seen as intending to harm the alleged endorser’s reputation.”
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