Minnesota Attorney General Keith Ellison’s attempt to defend a controversial new law banning election misinformation has taken a bizarre turn — the “expert” he brought in to support it is accused of using fake sources, according to an article in the Minnesota Reformer.
Expert’s affidavit cites non-existent studies
Jeff Hancock, a Stanford professor hailed as a leading authority on technology and deception, submitted an affidavit supporting new legislation at Ellison’s request to back the law, which bans the use of “deep fake” technology to sway elections.
But Hancock’s credibility is now in question after attorneys challenging the law discovered that several academic citations in his affidavit seem to be completely made up — potentially by artificial intelligence.
The law, which critics say violates First Amendment protections, is being challenged in federal court by a conservative YouTuber Christopher Kohls and Rep. Mary Franson, R-Alexandria.
Hancock’s expert declaration in support of the deep fake law references studies like “The Influence of Deepfake Videos on Political Attitudes and Behavior” and claims it was published in a 2023 edition of the Journal of Information Technology & Politics.
The problem? No such study exists, according to attorneys for the plaintiffs.
Plaintiffs allege use of AI-generated fabrications
“The citation bears the hallmarks of being an artificial intelligence (AI) ‘hallucination,’ suggesting that at least the citation was generated by a large language model like ChatGPT,” the attorneys for the plaintiffs write.
They also pointed out that the journal pages Hancock referenced actually feature entirely different articles.
Law professor Eugene Volokh found another phantom study in the declaration — “Deepfakes and the Illusion of Authenticity: Cognitive Processes Behind Misinformation Acceptance.”
Like the first citation, this one also doesn’t appear in any academic database.
Critics highlight irony of defending a censorship law with misinformation
Frank Bednarz, an attorney representing the plaintiffs, called the incident ironic. “Proponents of this law argue that AI-generated content supposedly cannot be countered by fact-checks and education,” he said. “Yet, by calling out these AI-generated fabrications, we demonstrate that the best remedy for false speech remains true speech — not censorship.”
Hancock’s affidavit ends with a statement declaring under penalty of perjury that everything in it is “true and correct.”
Alpha News reached out to Attorney General Keith Ellison regarding the allegations of fabricated citations in the affidavit, the process used to verify its accuracy, and the broader implications of the law’s restrictions on speech. Ellison did not respond to Alpha News’ request for comment.
Jenna Gloeb
Jenna Gloeb is an Edward R. Murrow Award-winning journalist, media producer, public speaker, and screenwriter. Most recently, she worked as a reporter and on-air host for CCX Media. Jenna is a Minnesota native and resides in the Twin Cities with her husband, son, daughter, and two dogs.
