# Comments in Response to Notice of Proposed Rulemaking on Disclosure and Transparency of Artificial Intelligence-Generated Content in Political Advertisements 

As in the case of many artificial intelligence (AI) policies, the definition in the proposed rule would cover a wide range of technologies and techniques that are increasingly common and predated the recent popularity of generative AI products.

August 29, 2024 • Public Comments 

By [Jennifer Huddleston](https://www.cato.org/people/jennifer-huddleston), [David Inserra](https://www.cato.org/people/david-inserra), and Emma Hopp 

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We appreciate the opportunity to provide comments related to the Federal Communications Commission (FCC)’s Notice of Proposed Rulemaking on “Disclosure and Transparency of Artificial Intelligence-Generated Content in Political Advertisements.” This comment does not represent the views of any particular party or special interest group, but is intended to assist regulators in considering the impact that such regulation would have on speech and the underlying concerns about the agency’s authority to engage in such rulemaking.

In that regard, we seek to emphasize two key points:

- Disclosure requirements would impact a wide range of content and as a result could fail to achieve their goal of informing the public and deter the use of popular tools for beneficial purposes, restricting speech in the process;
- The Commission lacks the proper authority to engage in such rulemaking as Congress has not delegated it such authority and the issue more firmly falls within the scope of the Federal Elections Commission (FEC).

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##### Comments in Response to Notice of Proposed Rulemaking on Disclosure and Transparency of Artificial Intelligence-Generated Content in Political Advertisements 

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##### About the Authors 

[![Jennifer-Huddleston-img-cropped2.jpg](/sites/cato.org/files/styles/author_picture/public/2023-06/Jennifer-Huddleston-img-cropped2.jpg?itok=nA04B0o7)](/people/jennifer-huddleston) 

##### [Jennifer Huddleston](/people/jennifer-huddleston)

Senior Fellow, Cato Institute

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](https://x.com/jrhuddles) 

[![David-Inserra-cropped.jpg](/sites/cato.org/files/styles/author_picture/public/2023-11/David-Inserra-cropped.jpg?itok=UVcZA19i)](/people/david-inserra) 

##### [David Inserra](/people/david-inserra)

Fellow for Free Expression and Technology, Cato Institute

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](https://x.com/dr_inserra) 

![Emma Hopp - cropped](/sites/cato.org/files/styles/author_picture/public/2024-07/emma-hopp-cropped.jpg?itok=50ul54MJ) 

##### Emma Hopp 

Former Research Associate, Cato Institute

[![Creative Commons License](/build/cato_2020/images/creative-commons.svg)](http://creativecommons.org/licenses/by-nc-sa/4.0/) 
This work is licensed under a [Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License](https://creativecommons.org/licenses/by-nc-sa/4.0/). 

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