Matt DelNero’s commentary was included in a Law360 article examining key developments in the telecom legal space, especially as it relates to Artificial Intelligence and the Federal Communications Commission.
Matt tells Law360 that like all agencies, "there's interest in policy around AI and particularly as it relates to elections," but it's not clear that FCC Chair Jessica Rosenworcel's disclosure rule has time to gain traction before possibly being halted by Republicans if they take control of the FCC. He noted the plan still has to be formally proposed by the full commission, followed by public input. "It seems unlikely we will have any new rules at the federal level before the election, just looking at the calendar."
Instead, election campaigns will have to contend with "the proliferation of state laws around AI and political advertising," Matt said. "Those have been challenging for broadcasters and other ad-supported media to navigate. Most broadcasters have both an on-air and an online presence. For their on-air activities, there's federal law that the FCC administers. But in their online activities, they're looking at just a whole new body of sometimes conflicting state laws," he said. "I think right now there's about 18 state laws around AI and election and political advertising. And navigating those is challenging, to say the least."
Matt also points out that the FCC is a component, "but it's also important to look at the states and what they're doing," while also considering how any new laws could also affect online advertising. "And of course, Congress could adopt laws that impact more than just broadcasting, but the likelihood of that happening seems low at the moment."
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