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Judge rebukes Minnesota over AI errors in 'deepfakes' lawsuit
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Judge rebukes Minnesota over AI errors in 'deepfakes' lawsuit
Jan 13, 2025 12:37 PM

Jan 13 (Reuters) - Minnesota Attorney General Keith

Ellison cannot rely on a misinformation expert whose court

filing included made-up citations generated by artificial

intelligence, a federal judge ruled in a case involving a

"deepfake" parody of Vice President Kamala Harris.

The Friday decision from U.S. District Judge Laura

Provinzino in Minnesota federal court stems from an expert

declaration Ellison's office submitted in November. Ellison is

defending a Minnesota law that bans people from using deepfakes

- videos, pictures or audio clips made with AI to look real - to

influence an election.

But one of Minnesota's experts in the case, Jeff Hancock, a

misinformation specialist and a Stanford University

communication professor, used fake article citations generated

by AI to support the state's arguments, the court found.

Hancock told the judge he used ChatGPT-4o while drafting his

declaration, which likely "hallucinated" two citations he made

in his filing, and apologized for the oversight.

Although Provinzino said she does not believe Hancock

intentionally cited fake sources generated by AI, it "shatters

his credibility with this court," she wrote on Friday.

The judge noted the "irony" that Hancock, "a credentialed

expert on the dangers of AI and misinformation, has fallen

victim to the siren call of relying too heavily on AI - in a

case that revolves around the dangers of AI, no less."

Provinzino said she would exclude Hancock's expert testimony

in deciding whether to grant a preliminary injunction blocking

the Minnesota deepfakes law, and prohibited Ellison from filing

amended testimony from Hancock. Provinzino declined to block the

law in a separate Friday order.

Hancock and Ellison's office did not immediately respond to

requests for comment.

The law, which was enacted in 2023, is being challenged as

unconstitutional by Minnesota Republican state lawmaker Mary

Franson and Christopher Kohls, a political satirist who operates

under the screenname "Mr Reagan."

Franson and Kohls' lawyers at the Upper Midwest Law Center

and the Hamilton Lincoln Law Institute did not immediately

respond to requests for comment.

Kohls created a parody video showing the first presidential

campaign ad of Harris, a Democrat, with AI-generated narration

that sounded like Harris. The video was posted on X by Elon

Musk, the social media site's billionaire owner, and reposted by

Franson.

Kohls is also challenging the constitutionality of two

California laws regulating AI-generated deepfakes about

elections and electoral candidates. Those laws are also being

challenged by Musk's X Corp and the Babylon Bee, a satirical

website.

The case is Christopher Kohls, et al. v. Keith Ellison, et

al., U.S. District Court of Minnesota, 0:24-cv-03754

For Christopher Kohls and Mary Franson: Alexandra Howell,

Douglas Seaton and James Dickey, of Upper Midwest Law Center,

and M. Frank Bednarz, of Hamilton Lincoln Law Institute

For Keith Ellison: Allen Barr, Angela Behrens, Elizabeth

Kramer and Peter Farrell, of the Minnesota Attorney General's

Office

For Chad Larson: Kristin Nierengarten and Zachary Cronen, of

Rupp, Anderson, Squires & Waldspurger

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