During an interview aired on Monday’s broadcast of NPR’s “Morning Edition,” Senate Intelligence Committee Chairman Sen. Mark Warner (D-VA) responded to concerns that having government agencies contact social media companies about misinformation could infringe on free speech by stating that “when you’re talking about true misinformation or disinformation, or when you’re talking about utilization of deepfakes…I don’t think those are First Amendment protections.” And that these things are “the kind of manipulation that we’ve already banned” in other areas and “The same rules ought to be applicable.”
Warner responded to a question on his confidence that the 2024 election will be safe and secure by stating, “I wish I could say I was confident, but we may be headed for the perfect storm in terms of election interference, and let me give you, quickly, a couple of reasons: One, Russia, with its war in Ukraine, Iran with its challenges in the Middle East, they have a higher interest than ever in interfering in American elections. Two, we know in America you’ve got folks who are election deniers still trying to relitigate 2020. Third thing is, there is a court case that came out of Texas that basically is constraining the government from even having voluntary conversations with the social media firms.”
Later, co-host A Martínez asked, “Which of the threats that you mentioned is the one that concerns you the most?”
Warner answered, “Well, you take an aggressive Russia, sometimes not just spreading disinformation, but amplifying, many times, American disinformation. You think about that being used sometimes with AI tools that can do this disinformation at scale and speed that’s unprecedented. And we’re seeing this with public figures already. There [have] been some deepfakes using President Trump’s voice and image. There [have] been some deepfakes recently — inappropriate photos that were not real of Taylor Swift. These tools are out there.”
Martínez then asked, “You mentioned how you want the Biden administration to be more aggressive. What does that look like?”
Warner responded, “Well, I think it looks like taking advantage of the exemption that was in that case to say, no, we can have regular communications with the social media companies, because my fear is, if they wait until the Supreme Court, a lot of mischief could be done. I also think we got through 2020 because we were relatively well-protected. I just worry the public focus isn’t as high right now, and the fact that we got through 2022. But 2024, with these new AI tools and the fact that the war in Ukraine elevates Russia’s interest in determining or trying to drive the outcome of the elections in the United States, this is a recipe potentially for a real problem.”
Martínez then followed up, “But having the FBI or other government agencies be in contact with social media companies, aren’t we treading close to a First Amendment violation there?”
Warner answered, “I think when you’re talking about true misinformation or disinformation, or when you’re talking about utilization of deepfakes where an image of A Martínez or Mark Warner is put up and it’s not us, but it looks like us and sounds like us, I don’t think those are First Amendment protections. I think those are, frankly, just malicious — the kind of manipulation that we’ve already banned from things like public trading in the stock market. The same rules ought to be applicable.”
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