45 States Acted on Deepfakes. Massachusetts Went Home.

Somewhere in Massachusetts right now, a real gubernatorial candidate named Michael Minogue is competing against a video that wears his face and uses his voice — but says things he never said. A super PAC made it. And because Massachusetts lawmakers adjourned this session without passing a single election deepfake law, there is essentially nothing on the books to stop it.

That's not a hypothetical. It already happened.

The Scariest Number Right Now Is Zero

Zero. That's how many reasons you have to assume the law will catch up to a deepfake before the damage is done.

The Boston Globe called Massachusetts' situation a "deepfake free-for-all" — and that framing deserves your attention. Not because it's dramatic. Because it's accurate. When a fake video of a real candidate can circulate during a live election with no law specifically targeting it, you're not in a gray area. You're in a gap.

Think about what that means for you personally. Not for a politician — for you, or your teenager, or your parent. The moment a convincing fake video of someone you know lands online, the clock starts. It spreads before anyone reports it. It gets screenshotted before the platform takes it down. And the emotional, social, or professional damage? That happens in real time. The legal process — if one even applies — happens much, much later.

That number from Enough Abuse should stop you cold. This isn't future-threat speculation. The explosion of AI-generated harm is already happening — and it's happening fastest in the categories where victims are most vulnerable and least able to fight back. This article is part of a series — start with Your Kids School Is Scanning Their Face No Law Says It Can.

What Massachusetts Did — and Didn't — Do

Here's the thing: Massachusetts isn't completely asleep. In 2024, Governor Healey signed a law criminalizing nonconsensual intimate deepfakes — meaning fake sexual images or videos made without someone's permission. That was real progress. Important progress. According to Mass.gov, the state also expanded harassment statutes as part of that same bill.

But election deepfakes? Fake audio of a candidate saying something they never said? A synthetic video designed to make a voter believe something false before they cast a ballot? Nothing. The legislature passed proposals in the House, and then — nothing.

Meanwhile, other states moved. Maryland bans deceptive election-related deepfakes year-round. Colorado and Utah went a different route: they require AI-generated content to carry a disclosure embedded in the file itself (think of it like a digital label on a package, required by law to be there). According to Recording Law's deepfake law tracker, at least 45 states now have at least one deepfake law on the books. Tennessee, California, New York, Washington, New Jersey, and Montana have gone further than most with broader protections.

Massachusetts is not one of them. Not yet.

The Part Nobody Wants to Say Out Loud

This isn't an accident of slow government. It's a choice.

The Massachusetts legislature had proposals. The House passed something. And then the session ended. That's not a bureaucratic hiccup — that's a decision not to act while the window was open. And the people who pay for that decision aren't the legislators. They're regular voters trying to figure out whether a video they just watched on Facebook is real. Previously in this series: Your Iphone Built A Faceprint Of Everyone You Love Now Apple.

Here's where it gets interesting, though. Outright bans on deepfakes have run into trouble. California passed a broad election deepfake law — and a federal judge struck it down for being too sweeping, ruling it restricted protected speech (the First Amendment, the right to say what you want, even things that aren't true) too broadly. That's a real tension.

The smarter regulatory models — the ones that have actually survived legal challenge — tend to focus on disclosure rather than bans. Force the creator to label the content as AI-generated. Require the platform to flag it. Don't try to define what speech is allowed; just require honesty about what's real. According to analysis of the 2026 state-by-state legislative picture, 42 states had some form of deepfake law by March 2026 — but the scope and strength vary wildly, and the gaps between them are exactly where harm falls through.

"Massachusetts strategically restricted itself to intimate-image deepfakes. Election deepfakes fall into a legal gray zone where the state-by-state patchwork creates uncertain protections for victims and jurisdictional gaps that bad actors exploit deliberately." — Expert analysis based on reporting by The Boston Globe

That jurisdictional gap — where one state's law ends and another's hasn't started — is deliberate exploitation territory. According to Stack Cyber's deepfake legislation tracker, 30 states now have election-specific deepfake laws. That leaves 20 that don't. And the people who create harmful synthetic content are not confused about which side of those lines to operate from.

What You Can Actually Do Right Now

Okay. So the law is patchy, the tools are easy to abuse, and the platforms are slow. You're reading this at 11pm and wondering: what do I actually do if this happens to me or someone I love?

Honest answer: the first 48 hours matter more than any law. Here's what that looks like in practice.

If you find a fake image or video of yourself — or your kid — start by documenting it before reporting it. Screenshot it. Note the URL. Save any usernames attached to it. Platforms often remove content after a report, which sounds like a win, but it also destroys evidence. If you ever need to take this further — to an employer, to a school, to law enforcement — you need proof the thing existed. Up next: Eu Age Verification App Hack Identity Risk.

Second: know that verification is possible. If you've ever looked at a photo or profile and thought something feels off about this person — that instinct is worth following. Reverse image search tools, facial comparison technology (software that checks whether two images show the same real person), and metadata analysis (looking at the hidden data inside a file that can reveal when and how it was made) are all real things that exist. Investigators use them. You don't have to be an expert to ask someone who is.

That's the practical gap right now: the law hasn't caught up, but the technology to identify and document synthetic media already exists. Knowing that is useful. Using it — or knowing who to call who can — is even more useful.

The engagement question buried in this whole story is a real one: if a fake video of you appeared online tonight, who would you call first — the platform, the police, your employer, or your family? Most people's honest answer is "I have no idea." That uncertainty is the actual problem. Not just the technology. Not just the legislators. The fact that most of us don't have a plan — and the people who should have given us one went home for the session instead.

Michael Minogue is running for governor against a fake version of himself, and voters are expected to sort that out on their own. If that's the bar for a candidate with a team, a press operation, and public standing — think about what it means for the rest of us, who have none of those things and twice the exposure.