AI and US Election Rules

If an AI breaks the rules for you, does that count as breaking the rules? This is the essential question being taken up by the Federal Election Commission this month, and public input is needed to curtail the potential for AI to take US campaigns (even more) off the rails.

At issue is whether candidates using AI to create deepfaked media for political advertisements should be considered fraud or legitimate electioneering. That is, is it allowable to use AI image generators to create photorealistic images depicting Trump hugging Anthony Fauci? And is it allowable to use dystopic images generated by AI in political attack ads?

For now, the answer to these questions is probably “yes.” These are fairly innocuous uses of AI, not any different than the old-school approach of hiring actors and staging a photoshoot, or using video editing software. Even in cases where AI tools will be put to scurrilous purposes, that’s probably legal in the US system. Political ads are, after all, a medium in which you are explicitly permitted to lie.

The concern over AI is a distraction, but one that can help draw focus to the real issue. What matters isn’t how political content is generated; what matters is the content itself and how it is distributed.

Future uses of AI by campaigns go far beyond deepfaked images. Campaigns will also use AI to personalize communications. Whereas the previous generation of social media microtargeting was celebrated for helping campaigns reach a precision of thousands or hundreds of voters, the automation offered by AI will allow campaigns to tailor their advertisements and solicitations to the individual.

Most significantly, AI will allow digital campaigning to evolve from a broadcast medium to an interactive one. AI chatbots representing campaigns are capable of responding to questions instantly and at scale, like a town hall taking place in every voter’s living room, simultaneously. Ron DeSantis’ presidential campaign has reportedly already started using OpenAI’s technology to handle text message replies to voters.

At the same time, it’s not clear whose responsibility it is to keep US political advertisements grounded in reality—if it is anyone’s. The FEC’s role is campaign finance, and is further circumscribed by the Supreme Court’s repeated stripping of its authorities. The Federal Communications Commission has much more expansive responsibility for regulating political advertising in broadcast media, as well as political robocalls and text communications. However, the FCC hasn’t done much in recent years to curtail political spam. The Federal Trade Commission enforces truth in advertising standards, but political campaigns have been largely exempted from these requirements on First Amendment grounds.

To further muddy the waters, much of the online space remains loosely regulated, even as campaigns have fully embraced digital tactics. There are still insufficient disclosure requirements for digital ads. Campaigns pay influencers to post on their behalf to circumvent paid advertising rules. And there are essentially no rules beyond the simple use of disclaimers for videos that campaigns post organically on their own websites and social media accounts, even if they are shared millions of times by others.

Almost everyone has a role to play in improving this situation.

Let’s start with the platforms. Google announced earlier this month that it would require political advertisements on YouTube and the company’s other advertising platforms to disclose when they use AI images, audio, and video that appear in their ads. This is to be applauded, but we cannot rely on voluntary actions by private companies to protect our democracy. Such policies, even when well-meaning, will be inconsistently devised and enforced.

The FEC should use its limited authority to stem this coming tide. The FEC’s present consideration of rulemaking on this issue was prompted by Public Citizen, which petitioned the Commission to "clarify that the law against ‘fraudulent misrepresentation’ (52 U.S.C. §30124) applies to deliberately deceptive AI-produced content in campaign communications." The FEC’s regulation against fraudulent misrepresentation (C.F.R. §110.16) is very narrow; it simply restricts candidates from pretending to be speaking on behalf of their opponents in a “damaging” way.

Extending this to explicitly cover deepfaked AI materials seems appropriate. We should broaden the standards to robustly regulate the activity of fraudulent misrepresentation, whether the entity performing that activity is AI or human—but this is only the first step. If the FEC takes up rulemaking on this issue, it could further clarify what constitutes “damage.” Is it damaging when a PAC promoting Ron DeSantis uses an AI voice synthesizer to generate a convincing facsimile of the voice of his opponent Donald Trump speaking his own Tweeted words? That seems like fair play. What if opponents find a way to manipulate the tone of the speech in a way that misrepresents its meaning? What if they make up words to put in Trump’s mouth? Those use cases seem to go too far, but drawing the boundaries between them will be challenging.

Congress has a role to play as well. Senator Klobuchar and colleagues have been promoting both the existing Honest Ads Act and the proposed REAL Political Ads Act, which would expand the FEC’s disclosure requirements for content posted on the Internet and create a legal requirement for campaigns to disclose when they have used images or video generated by AI in political advertising. While that’s worthwhile, it focuses on the shiny object of AI and misses the opportunity to strengthen law around the underlying issues. The FEC needs more authority to regulate campaign spending on false or misleading media generated by any means and published to any outlet. Meanwhile, the FEC’s own Inspector General continues to warn Congress that the agency is stressed by flat budgets that don’t allow it to keep pace with ballooning campaign spending.

It is intolerable for such a patchwork of commissions to be left to wonder which, if any of them, has jurisdiction to act in the digital space. Congress should legislate to make clear that there are guardrails on political speech and to better draw the boundaries between the FCC, FEC, and FTC’s roles in governing political speech. While the Supreme Court cannot be relied upon to uphold common sense regulations on campaigning, there are strategies for strengthening regulation under the First Amendment. And Congress should allocate more funding for enforcement.

The FEC has asked Congress to expand its jurisdiction, but no action is forthcoming. The present Senate Republican leadership is seen as an ironclad barrier to expanding the Commission’s regulatory authority. Senate Majority Leader Mitch McConnell has a decades-long history of being at the forefront of the movement to deregulate American elections and constrain the FEC. In 2003, he brought the unsuccessful Supreme Court case against the McCain-Feingold campaign finance reform act (the one that failed before the Citizens United case succeeded).

The most impactful regulatory requirement would be to require disclosure of interactive applications of AI for campaigns—and this should fall under the remit of the FCC. If a neighbor texts me and urges me to vote for a candidate, I might find that meaningful. If a bot does it under the instruction of a campaign, I definitely won’t. But I might find a conversation with the bot—knowing it is a bot—useful to learn about the candidate’s platform and positions, as long as I can be confident it is going to give me trustworthy information.

The FCC should enter rulemaking to expand its authority for regulating peer-to-peer (P2P) communications to explicitly encompass interactive AI systems. And Congress should pass enabling legislation to back it up, giving it authority to act not only on the SMS text messaging platform, but also over the wider Internet, where AI chatbots can be accessed over the web and through apps.

And the media has a role. We can still rely on the media to report out what videos, images, and audio recordings are real or fake. Perhaps deepfake technology makes it impossible to verify the truth of what is said in private conversations, but this was always unstable territory.

What is your role? Those who share these concerns can submit a comment to the FEC’s open public comment process before October 16, urging it to use its available authority. We all know government moves slowly, but a show of public interest is necessary to get the wheels moving.

Ultimately, all these policy changes serve the purpose of looking beyond the shiny distraction of AI to create the authority to counter bad behavior by humans. Remember: behind every AI is a human who should be held accountable.

This essay was written with Nathan Sanders, and was previously published on the Ash Center website.

Posted on October 20, 2023 at 7:10 AM16 Comments

Former Uber CISO Appealing His Conviction

Joe Sullivan, Uber’s CEO during their 2016 data breach, is appealing his conviction.

Prosecutors charged Sullivan, whom Uber hired as CISO after the 2014 breach, of withholding information about the 2016 incident from the FTC even as its investigators were scrutinizing the company’s data security and privacy practices. The government argued that Sullivan should have informed the FTC of the 2016 incident, but instead went out of his way to conceal it from them.

Prosecutors also accused Sullivan of attempting to conceal the breach itself by paying $100,000 to buy the silence of the two hackers behind the compromise. Sullivan had characterized the payment as a bug bounty similar to ones that other companies routinely make to researchers who report vulnerabilities and other security issues to them. His lawyers pointed out that Sullivan had made the payment with the full knowledge and blessing of Travis Kalanick, Uber’s CEO at the time, and other members of the ride-sharing giant’s legal team.

But prosecutors described the payment and an associated nondisclosure agreement that Sullivan’s team wanted the hackers to sign as an attempt to cover up what was in effect a felony breach of Uber’s network.

[…]

Sullivan’s fate struck a nerve with many peers and others in the industry who perceived CISOs as becoming scapegoats for broader security failures at their companies. Many argued ­ and continue to argue ­ that Sullivan acted with the full knowledge of his supervisors but in the end became the sole culprit for the breach and the associated failures for which he was charged. They believed that if Sullivan could be held culpable for his failure to report the 2016 breach to the FTC ­- and for the alleged hush payment—then so should Kalanick at the very least, and probably others as well.

It’s an argument that Sullivan’s lawyers once again raised in their appeal of the obstruction conviction this week. “Despite the fact that Mr. Sullivan was not responsible at Uber for the FTC’s investigation, including the drafting or signing any of the submissions to the FTC, the government singled him out among over 30 of his co-employees who all had information that Mr. Sullivan is alleged to have hidden from the FTC,” Swaminathan said.

I have some sympathy for that view. Sullivan was almost certainly scapegoated here. But I do want executives personally liable for what their company does. I don’t know enough about the details to have an opinion in this particular case.

Posted on October 19, 2023 at 7:08 AM12 Comments

Analysis of Intellexa’s Predator Spyware

Amnesty International has published a comprehensive analysis of the Predator government spyware products.

These technologies used to be the exclusive purview of organizations like the NSA. Now they’re available to every country on the planet—democratic, nondemocratic, authoritarian, whatever—for a price. This is the legacy of not securing the Internet when we could have.

Posted on October 18, 2023 at 7:06 AM12 Comments

Security Vulnerability of Switzerland’s E-Voting System

Online voting is insecure, period. This doesn’t stop organizations and governments from using it. (And for low-stakes elections, it’s probably fine.) Switzerland—not low stakes—uses online voting for national elections. Andrew Appel explains why it’s a bad idea:

Last year, I published a 5-part series about Switzerland’s e-voting system. Like any internet voting system, it has inherent security vulnerabilities: if there are malicious insiders, they can corrupt the vote count; and if thousands of voters’ computers are hacked by malware, the malware can change votes as they are transmitted. Switzerland “solves” the problem of malicious insiders in their printing office by officially declaring that they won’t consider that threat model in their cybersecurity assessment.

But it also has an interesting new vulnerability:

The Swiss Post e-voting system aims to protect your vote against vote manipulation and interference. The goal is to achieve this even if your own computer is infected by undetected malware that manipulates a user vote. This protection is implemented by special return codes (Prüfcode), printed on the sheet of paper you receive by physical mail. Your computer doesn’t know these codes, so even if it’s infected by malware, it can’t successfully cheat you as long as, you follow the protocol.

Unfortunately, the protocol isn’t explained to you on the piece of paper you get by mail. It’s only explained to you online, when you visit the e-voting website. And of course, that’s part of the problem! If your computer is infected by malware, then it can already present to you a bogus website that instructs you to follow a different protocol, one that is cheatable. To demonstrate this, I built a proof-of-concept demonstration.

Appel again:

Kuster’s fake protocol is not exactly what I imagined; it’s better. He explains it all in his blog post. Basically, in his malware-manipulated website, instead of displaying the verification codes for the voter to compare with what’s on the paper, the website asks the voter to enter the verification codes into a web form. Since the website doesn’t know what’s on the paper, that web-form entry is just for show. Of course, Kuster did not employ a botnet virus to distribute his malware to real voters! He keeps it contained on his own system and demonstrates it in a video.

Again, the solution is paper. (Here I am saying that in 2004.) And, no, blockchain does not help—it makes security worse.

Posted on October 17, 2023 at 7:11 AM24 Comments

Coin Flips Are Biased

Experimental result:

Many people have flipped coins but few have stopped to ponder the statistical and physical intricacies of the process. In a preregistered study we collected 350,757 coin flips to test the counterintuitive prediction from a physics model of human coin tossing developed by Persi Diaconis. The model asserts that when people flip an ordinary coin, it tends to land on the same side it started—Diaconis estimated the probability of a same-side outcome to be about 51%.

And the final paragraph:

Could future coin tossers use the same-side bias to their advantage? The magnitude of the observed bias can be illustrated using a betting scenario. If you bet a dollar on the outcome of a coin toss (i.e., paying 1 dollar to enter, and winning either 0 or 2 dollars depending on the outcome) and repeat the bet 1,000 times, knowing the starting position of the coin toss would earn you 19 dollars on average. This is more than the casino advantage for 6 deck blackjack against an optimal-strategy player, where the casino would make 5 dollars on a comparable bet, but less than the casino advantage for single-zero roulette, where the casino would make 27 dollars on average. These considerations lead us to suggest that when coin flips are used for high-stakes decision-making, the starting position of the coin is best concealed.

Boing Boing post.

Posted on October 16, 2023 at 7:06 AM11 Comments

Hacking the High School Grading System

Interesting New York Times article about high-school students hacking the grading system.

What’s not helping? The policies many school districts are adopting that make it nearly impossible for low-performing students to fail—they have a grading floor under them, they know it, and that allows them to game the system.

Several teachers whom I spoke with or who responded to my questionnaire mentioned policies stating that students cannot get lower than a 50 percent on any assignment, even if the work was never done, in some cases. A teacher from Chapel Hill, N.C., who filled in the questionnaire’s “name” field with “No, no, no,” said the 50 percent floor and “NO attendance enforcement” leads to a scenario where “we get students who skip over 100 days, have a 50 percent, complete a couple of assignments to tip over into 59.5 percent and then pass.”

It’s a basic math hack. If a student needs two-thirds of the points—over 65%—to pass, then they have to do two-thirds of the work. But if doing zero work results in a 50% grade, then they only have to do a little bit of work to get over the pass line.

I know this is a minor thing in the universe of problems with secondary education and grading, but I found the hack interesting. (And this is exactly the sort of thing I explore in my latest book: A Hacker’s Mind.

Posted on October 13, 2023 at 7:12 AM101 Comments

Bounty to Recover NIST’s Elliptic Curve Seeds

This is a fun challenge:

The NIST elliptic curves that power much of modern cryptography were generated in the late ’90s by hashing seeds provided by the NSA. How were the seeds generated? Rumor has it that they are in turn hashes of English sentences, but the person who picked them, Dr. Jerry Solinas, passed away in early 2023 leaving behind a cryptographic mystery, some conspiracy theories, and an historical password cracking challenge.

So there’s a $12K prize to recover the hash seeds.

Some backstory:

Some of the backstory here (it’s the funniest fucking backstory ever): it’s lately been circulating—though I think this may have been somewhat common knowledge among practitioners, though definitely not to me—that the “random” seeds for the NIST P-curves, generated in the 1990s by Jerry Solinas at NSA, were simply SHA1 hashes of some variation of the string “Give Jerry a raise”.

At the time, the “pass a string through SHA1” thing was meant to increase confidence in the curve seeds; the idea was that SHA1 would destroy any possible structure in the seed, so NSA couldn’t have selected a deliberately weak seed. Of course, NIST/NSA then set about destroying its reputation in the 2000’s, and this explanation wasn’t nearly enough to quell conspiracy theories.

But when Jerry Solinas went back to reconstruct the seeds, so NIST could demonstrate that the seeds really were benign, he found that he’d forgotten the string he used!

If you’re a true conspiracist, you’re certain nobody is going to find a string that generates any of these seeds. On the flip side, if anyone does find them, that’ll be a pretty devastating blow to the theory that the NIST P-curves were maliciously generated—even for people totally unfamiliar with basic curve math.

Note that this is not the constants used in the Dual_EC_PRNG random-number generator that the NSA backdoored. This is something different.

Posted on October 12, 2023 at 7:09 AM26 Comments

Cisco Can’t Stop Using Hard-Coded Passwords

There’s a new Cisco vulnerability in its Emergency Responder product:

This vulnerability is due to the presence of static user credentials for the root account that are typically reserved for use during development. An attacker could exploit this vulnerability by using the account to log in to an affected system. A successful exploit could allow the attacker to log in to the affected system and execute arbitrary commands as the root user.

This is not the first time Cisco products have had hard-coded passwords made public. You’d think it would learn.

Posted on October 11, 2023 at 7:04 AM19 Comments

Sidebar photo of Bruce Schneier by Joe MacInnis.