Other proposals to limit AI have been issued, but proposals meant to restrict AI are deeply flawed

The problem with regulations that purport to limit the malicious use of AI is that many of them would also take away the beneficial and benign uses of AI that we see in the creative arts. AI is used in many elements of the creative process already — for instance, the bill’s broad terms could make it difficult to develop AI tools in film editing or make it harder to use existing tools that can lower post-production costs by not having to bring back an individual to re-record lines. Beyond that, the proposal could take away the ability to engage in certain types of content, like parody or sampling. This type of speech has been previously protected by the courts as “fair use,” so a ban on it likely violates the First Amendment. One of the key problems with trying to regulate AI is trying to define it. The definition of artificial intelligence, at its most basic, is the use of programming or machines rather than a living being to solve problems. As a result, the average consumer has been using AI much more frequently and more often than they realize. AI is already in our online searches, the chatbots with which we interact, and the mapping algorithms that help us find the fastest route in traffic. The bill recognizes that there are potential First Amendment concerns, so the text establishes a “First Amendment defense” (something that highlights the proposal’s many problems). An abundance of caution to ensure compliance could result in a chilling effect on existing things like parody TikTok videos, AI-generated political cartoons, or even translating a message to another language if it was in the original speaker or singer’s voice. Reason’s Elizabeth Nolan Brown noted that if this measure becomes law, she expects to see “a lot more takedowns of anything that might come close to being a violation, be it a clip of a Saturday Night Live skit lampooning Trump, a comedic impression of Taylor Swift, or a weird ChatGPT-generated image of Ayn Rand.” “I would also expect to see more platforms institute blanket bans on parody accounts and the like,” Brown added.