"In these reply comments, we emphasize two primary points. First, even comments filed by parties sympathetic to the proposed rulemaking acknowledge that the Notice’s definitions of terms are ambiguous and easily misunderstood. The key definition of 'AI-generated content,' on which the whole proposal depends, is especially problematic because it seemingly is so vague and overly broad that it would require a disclaimer for virtually all political ads.
Second,
commenters rightly recognize that the Commission’s proposal to rely on a
'credible third party' to trigger FCC action for an alleged failure to
comply with its rules is susceptible to political manipulation, or at
least the appearance of it. It is naïve to suggest that, during heated
political campaigns, and in today’s charged political environment, that
there will be agreement regarding the true independence, dispassionate
judgement, and expertise of ‘credible' third parties. Any proposal to
rely on such supposed credible third parties almost certainly would not
find widespread public acceptance.”
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