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