Deep Concern: Safeguarding Elections in the Age of Deepfakes

“You can’t trust anything you see or hear.” This is the context in which future elections exist. Indeed, deepfakes—exceptionally realistic AI-generated pictures, videos, and audio recordings—are poised to upend established election norms by facilitating character assassination of political candidates, enabling the proliferation of disinformation regarding voting procedures, eroding public trust in election institutions, and creating what scholars call “the liar’s dividend.” Given the inadequacy of current legislative, judicial, administrative, and corporate safeguards, this Note aims to provide a fresh suggestion to address the seemingly insurmountable dangers deepfakes pose to our electoral process.