REGULATORY UPDATE: ROSENWORCEL PROPOSES AI DISCLOSURE FOR POLITICAL ADS ON TV & RADIO

Abstract

If adopted, this proposal aims to increase trans-parency by: o Seeking comment on whether to require an on-air disclosure and written disclosure in broadcast-ers' political files when there is AI-generated content in political ads, o Proposing to apply the disclosure rules to both candidate and issue advertisements, o Requesting comment on a specific definition of AI-generated content, and o Proposing to apply the disclosure requirements to broadcasters and entities that engage in origination programming, including cable operators, sat-ellite TV and radio providers and Section 325(c) permittees. In September 2023, Klobuchar and Senators Josh Hawley (R-MO), Ranking Member of the Judiciary Committee's Subcommittee on Privacy, Technology, and the Law; Chris Coons (D-DE), Chair of the Judiciary Committee's Subcommittee on Intellectual Property; and Collins, introduced the Protect Elections from Deceptive AI Act, bipartisan legislation to ban the use of AI to generate materially deceptive content falsely depicting federal candidates to influ-ence federal elections. In February 2023, Klobuchar reintroduced the Honest Ads Act with U.S. Senators Lindsey Graham (R-SC), Ranking Member of the Senate Judiciary Committee, and Mark Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, to improve the transparency and accountability of online political advertising by requiring online politi-cal advertisements to adhere to the same disclaimer requirements as T V, radio, and print ads. FTC FINALIZES CHANGES TO THE HEALTH BREACH NOTIFICATION RULE The Federal Trade Commission recently announced it has finalized changes to the Health Breach Notification Rule (HBNR) that will strengthen and modernize the rule by clarifying its applicability to health apps and other similar technologies and expanding the information that covered entities must provide to consumers when notifying them of a breach of their health data.