Conclusion

Disclosures are a widespread, but complex and confusing regulatory tool that fails to adequately address the root issues perpetuated by the use of generative AI. In the limited goals disclosures serve, regulators have the opportunity to meaningfully erect guardrails in an ever-expanding AI industry. Creating an evidentiary trail allows victims of IP infringement, defamation, and other rights violations to place the liability in the correct place when vindicating their rights in court. Putting the audience on notice of the use of generative AI is the first step in providing individuals the knowledge, tools, and autonomy to combat mis and disinformation campaigns online. Various states have begun to pass niche rules including disclosure requirements, largely targeting highly sensitive use cases such as the use of deepfakes in election related advertising. Colorado has even passed a broad AI bill covering various topics, including some disclosure requirements. AI legislation is moving forward at a rapid pace, and, while disclosures cannot be the only tool used in the regulatory battle against the use of generative AI, it is a step in the right direction.