(David Espejo/stock photo via Getty Images)
Ohio leaders acknowledge that artificial intelligence needs to be regulated as explicit and political content increases, but laws remain stagnant. Now they say they’re not sure what they can enforce.
Political ads must include certain disclaimers, such as information about who paid for them. However, it is becoming increasingly hard to tell what is real because deepfakes – photos and videos generated by artificial intelligence – are not banned.
A video released by a conservative political action committee called the Ohio Flyer PAC shows former U.S. Senator Sherrod Brown sitting at a birthday party and refusing to leave. The woman in the video complains about the Democratic candidate as the screen reads: “THE PARTY IS OVER, SHERROD.” There is no acknowledgment that video is artificial intelligence.
In a contentious primary battle between two Republicans running for the same state Senate seat, a package from candidate Craig Reidel contains an AI-generated photo of state Rep. Jim Hoops with drag queens. In another fabricated animation, Hoops imprisons a teenage girl while playing basketball, claiming to support men in women’s sports. From the images we obtained, no caveats were included. Reidel won the nomination.
“It is the government’s role to responsibly regulate new and emerging technologies,” said House Minority Leader Dani Isaacsohn, D-Cincinnati.
Ohio has no regulations on new-age AI content, but Isaacsohn said lawmakers have introduced several bills to change that.
Ohio House Bill 185 would allow anyone to have their own image, and creating harmful content without someone’s consent would constitute trademark infringement. Civil penalties of tens of thousands of dollars may be imposed.
HB 185 goes further, but a bipartisan bill introduced in 2024 would require a liability waiver for AI content related specifically to elections.
Ohio House Bill 524 would establish penalties for creators whose artificial intelligence models generate content that encourages self-harm or violence. The state would have the ability to investigate and impose civil penalties of up to $50,000 for each violation
Ohio Senate Bill 163 AND Ohio House Bill 786 would ban child sexual abuse material created by artificial intelligence. In either case, creating, transmitting and possessing AI-CSAM content would be a crime. SB 163 would constitute a third-degree felony, while HB 786 could result in a second-degree felony. This could result in a sentence of up to eight years in prison and a fine of $15,000.
Last year, President Donald Trump also signed a bill that criminalizes AI-generated CSAM under federal law.
In April, a Columbus resident became the first person in the country to be convicted for creating this openly and offensive material entitled The Department of Justice reported.
Gov. Mike DeWine advocated for this type of state legislation in his March State of the State address.
“Ohio law requires real consequences,” DeWine said. “The Ohio Attorney General and district attorneys must have clear legal tools to hold these tech companies criminally and civilly accountable.”
Despite little public opposition, each bill has stalled.
We asked every legislative leader why.
We asked Ohio House Speaker Matt Huffman, R-Lima, why no bills have been advanced even though bipartisan bills have been proposed.
“Well, I think it’s worth reporting two or three points,” he replied.
Technology can be confusing, he said.
“It’s hard for people… to think carefully about what we can do to make this happen or make good changes,” the speaker said.
Ohio Senate President Rob McColley, R-Napoleon, said he supports some regulations on artificial intelligence, such as on pornographic material.
“I’m in favor of passing something that would address these issues, really make it illegal and bring it on par with trafficking in other forms of obscene material and child pornography,” McColley said.
However, he added that a committee trial should be conducted.
“I’m sure they have their reasons for taking the time to work on these bills, and I hope we’ll get to that point soon or before the end of the year,” the president added.
Ohio Senate Minority Leader Nickie Antonio has expressed concern about the improper and secure handling of artificial intelligence.
“I think we have to do our homework, and I don’t want us to just make knee-jerk responses and reactions to policymaking without really thinking deeply about what that should look like,” Antonio said.
Public safety issues, such as those relating to children and sexual content, need to be “addressed”, she said, but legislation must be developed accordingly.
“We’re at the beginning of having these kinds of conversations and trying to understand the depth and breadth of what we can actually do,” Antonio said.
Isaacsohn confirmed this belief.
“We must protect our communities and regulate this new technology in a responsible way,” he said. “It should come from the federal government, but no one believes it will do anything positive.”
What is possible
Huffman raised legal concerns, adding that the federal government has “greatly overreached” since 1803 (when Ohio became the 17th state).
“State AI regulation will not only apply to Ohio,” Huffman said, noting that the feds typically rely on the Commerce Clause to rein in statewide laws affecting businesses.
President Donald Trump signed an executive order last year that punishes countries that create their own artificial intelligence regulations.
“My administration must work with Congress to ensure that minimally burdensome national standards are in place, not 50 incompatible state standards,” the White House press release states. “The resulting framework must prohibit state laws that are inconsistent with the policies set forth in this order.”
Part of the executive order restricts states from accessing some federal funds if their AI regulations are too “burdensome.”
Isaacsohn said Republicans in Congress and the White House have no intention of protecting the technology.
“They are bought and paid for by tech billionaires, so it is incumbent on states, especially in Ohio, to step up and protect our communities, especially children, from the potential negative impacts of artificial intelligence,” he said.
Trump’s executive order states that he wants Congress to come up with a plan that “ensures the protection of children.”
According to Enough Abuse, a children’s advocacy organization, Ohio is one of five states without laws criminalizing AI CSAM. Since federal law already exists making it a crime, this type of regulation would likely not violate the “nuisance” warning contained in the executive order.
But the Justice Department is already fighting back against some of the regulations. Colorado is currently in a legal battle with both xAI and the Department of Justice after passing a law requiring technology developers to prevent “algorithmic discrimination,” which the law states can result in “unlawful differential treatment” of users.
Artificial intelligence companies have repeatedly said that their products are protected by the First Amendment.
“I don’t have a specific answer about artificial intelligence,” Huffman told me. “But we will work on it.”
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This article was originally published on News5Cleveland.com and are published in the Ohio Capital Journal under a content sharing agreement. Unlike other OCJ articles, it is not available for free republication on other news outlets because it is owned by WEWS in Cleveland.
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