Happy December! Hope you had a good holiday and were able to enjoy some downtime.

I’ll be talking later today with folks at @TechFreedom and NYU Center on Technology Policy about AI disclaimers on political ads. The conversation will be moderated by Quinta Jurecic with @lawfare. If you’re curious about new disclaimer rules and what they mean for political communication, join us at 3pm ET today. Click here to register.

There have been plenty of opinions about AI’s role in the election, but the full story of how this technology is shaping political communication is still unfolding. With a mix of state laws, various types of AI, and countless applications, we’re just starting to understand its real impact. Did you use generative AI to create an ad, a chatbot for voter outreach, or predictive analytics for targeting? Share your experience with the AI Political Archive and help us build a clearer picture of how AI is changing the way campaigns connect with voters.

And while you’ve been busy with an election, here’s what we’re watching for you…

New Data Broker Fees and Privacy Rules: What Consultants Need to Know

California’s Privacy Protection Agency (CPPA) just made a move that could shake up campaign strategies. Starting January 31, 2025, data broker registration fees skyrocket from $400 to $6,600! The CPPA is also moving forward with formal rulemaking on crucial areas like risk assessments, cybersecurity audits, and automated decision-making. AAPC is closely monitoring the process and will weigh in to protect the interests of the political consulting community.

The Consumer Financial Protection Bureau (CFPB) dropped a Notice of Proposed Rulemaking this morning, seeking to regulate databrokers under the Fair Credit Reporting Act (FCRA) by defining some data brokers as credit reporting agencies and limiting the selling of data to “permissible purposes.” The AAPC is reviewing the NPRM. Comments are due to the agency next year.

We are seeing more of these types of laws and regulations in the states. For consultants relying on voter data, modeling and analytics these kinds of changes will likely mean adapting strategies and tactics to stay compliant while maximizing impact.

More News from the States..

With the majority of state legislatures back in session in January, we are keeping an eye out for data privacy and AI legislative trends. In Texas, Rep. Giovanni Capriglione released a draft of what’s forecasted to be the red-state model for AI legislation. The draft bill has our attention, particularly as it seeks to regulate “high-risk” AI technology influencing electoral behavior and ban social scoring and targeting based on sensitive data without informed consent. We’re also tracking legislation in New York, where Assemblymember Alex Bores is looking to offer an alternative to static labeling on AI generated media. We are watching these, and other bills, closely and will keep you updated. Stay tuned.

X is suing the state of California on free speech grounds to block Defending Democracy from Deepfake Deception Act passed this summer.

Before you Go…

Last month I joined the folks at the City & State New York podcast and Bradley Honan, CEO and President of the Honan Strategy Group and AAPC Greater New York Chapter President, to talk about AI’s role in US politics. Bradley and team are rolling out new and innovative ways of engaging constituents and voters.