Disclosure & Transparency

Today, the U.S. Supreme Court struck down an injunction barring the White House and other government agencies from communicating with and encouraging social media platforms to curb the spread of mis- and disinformation. The injunction also limited the government’s ability to communicate with civil society groups to limit disinformation online. The case stemmed from government outreach to the platforms about the dangerous spread of mis- and disinformation about COVID-19 and vaccines during the pandemic.

Aaron Scherb, director of legislative affairs at Common Cause and a campaign finance expert, agreed on the apparent personal use question. He also told The Daily Beast that the FEC “needs to do some digging and ask what those wire transfers and checks are for.” “I can’t remember ever seeing line items like this before,” Scherb said.

Advocacy groups including Common Cause weighed in with support for the FCC proposal. “This rulemaking is welcome news as the use of deceptive AI and deepfakes threaten our democracy and is already being used to erode trust in our institutions and our elections,” Common Cause media and democracy program director Ishan Mehta said in a statement. “We have seen the impact of AI in politics in the form of primary ads using AI voices and images, and in robocalls during the primary in New Hampshire.” Mehta added, “We urge Congress and other agencies like the Federal Election Commission to follow the FCC’s lead and take proactive steps to protect our democracy from very serious threat posed by AI.”

Today, the Federal Communications Commission (FCC) announced that it will begin a rulemaking to require disclosure for Artificial Intelligence (AI)-generated content in political advertising on the nation’s airwaves.

From: 0114 Michael Cohen (owner) To: 4978 Maggie Haberman To: 4978 Maggie Haberman “In late January 2018, I received a copy of a complaint filed at the Federal Election Commission (FEC) by Common Cause. The complaint alleges that I somehow violated campaign finance laws by facilitating an excess, in-kind contribution. The allegations in the complaint are factually unsupported and without legal merit, and my counsel has submitted a response to the FEC. I am Mr. Trump’s longtime special counsel and I have proudly served in that role for more than a decade. In a private transaction in 2016, I used my own personal funds to facilitate a payment of $130,000 to Ms. Stephanie Clifford. Neither the Trump Organization nor the Trump campaign was a party to the transaction with Ms. Clifford, and neither reimbursed me for the payment, either directly or indirectly. The payment to Ms. Clifford was lawful, and was not a campaign contribution or a campaign expenditure by anyone. I do not plan to provide any further comment on the FEC matter or regarding Ms. Clifford.”

"Strong majorities of Republican, Democratic and independent voters believe that there's too much 'big' and secret money in politics," says Aaron Scherb, spokesperson for Common Cause, a nonpartisan "citizens' lobby" working to ensure fair elections. The DISCLOSE (Democracy Is Strengthened by Casting Light On Spending in Elections) Act would rectify the glaring omission of dark money groups from FEC disclosure requirements. Some version of the DISCLOSE Act has been introduced every Congressional session since 2010—when it came within one vote of passing. "Republicans," says Scherb, "have repeatedly filibustered it in recent years." "With congressional Republicans continuing to block progress at the federal level, more and more states and municipalities have taken matters into their own hands and passed a variety of reforms," says Scherb. One effort is publicly funded campaigns with "small-donor matching systems" or block grants. More than three dozen states and municipalities have adopted some type of publicly financed elections. "These bills empower average Americans by matching their donations and make it possible for people of average means to run for office," says Scherb. "Passing reforms at the state and local level will create bottom up pressure on Congress to eventually do so at the federal level," he adds. Luckily, there are a number of nonpartisan groups working to reform our out-of-control campaign finance system. They act as FEC watchdogs, pushing for the commission to enforce violations (the six-member FEC — composed of three members of each party — often deadlocks), and advocate for legislative changes at all levels. Groups like Common Cause, Campaign Legal Center, End Citizens United and the League of Women Voters are all committed to campaign finance reform. The battle to rein in the influence of "big money" in campaigns won't happen overnight. With a reluctant Supreme Court and concerted partisan efforts to stymie legislation at the federal level, there is hard work ahead. "This is a marathon, not a sprint," warns Scherb. But he and others firmly believe it's a race that must be won. "Big money shouldn't dictate policy outcomes," Scherb says.