Colorado Think Tank Uses Deepfake of State Senator to Argue a Tax Isn't a Tax

A Colorado state senator filed what may be the first complaint under the state's deepfake disclosure law after a Libertarian think tank released an AI-generated video depicting her as a grocery store clerk pocketing a customer's change. The Independence Institute made the video to counter Sen. Cathy Kipp's floor remarks defending Proposition NN, which would allow the state to retain up to $4.6 billion in taxpayer refunds otherwise owed under Colorado's Taxpayer Bill of Rights.

Colorado law requires deepfakes of candidates or sitting lawmakers to include a clearly sized disclosure stating the content is edited and non-authentic. The Independence Institute's disclaimer read: "AI generated content because who gets a human cashier these days?" — and was smaller than the surrounding text. The organization's president, Jon Caldara, argues the law doesn't apply because the video concerns a ballot initiative rather than a candidate, and that it qualifies as satire. The Secretary of State's Office is investigating.