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Comment by Shanlyn A.S. Park
U.S. District Judge, Hawaii
[State defendants] have failed to demonstrate that existing laws are insufficient to deal with the purported risk of political deepfakes and generative AI technologies on the integrity of Hawaii elections.
Rather than require actual harm, Act 191 imposes a risk assessment based solely on the value judgments and biases of the enforcement agency — which could conceivably lead to discretionary and targeted enforcement that discriminates based on viewpoint.
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(2025)
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