OPINION: New Mexico must lead on artificial intelligence — because the stakes are too high to wait

Artificial intelligence represents one of the most consequential technological developments in human history. Like the printing press, electricity or the internet itself, AI has the power to reshape how we live, work and govern. But history also teaches us a hard lesson: Transformative technologies, left unchecked, can be weaponized in ways that cause profound harm. Because of that real and present danger, New Mexico can no longer afford to sit on the sidelines.

Despite years of hearings, white papers and public warnings, Congress has failed to enact meaningful legislation to regulate artificial intelligence. In the absence of federal action, technology companies have once again been allowed to police themselves. However, their track record over the past three decades makes clear that this approach does not work. From repeated privacy breaches to algorithmic discrimination to the monetization of outrage and misinformation, these companies have consistently demonstrated an inability, or unwillingness, to build systems that respect users’ dignity, privacy and safety.

AI has supercharged these long-standing problems, and nowhere is that more evident than in the rise of malicious “deepfake” technology. Bad actors are already using AI to create visual media depicting sexual abuse and exploitation involving children or nonconsenting adults. These images and videos are not victimless fabrications; they inflict real trauma, real humiliation and lasting psychological damage. Others use AI to produce false, misleading and misattributed political advertising and campaign materials, threatening the integrity of our elections and undermining public trust in democracy itself. Still others deploy synthetic media to harass individuals, destroy reputations, extort victims and ruin lives.

What makes this threat uniquely dangerous is its scale and permanence. With the readily available amplifiers of the internet and social media, digital media can be both ubiquitous and enduring. A single deepfake image or recording can be copied, shared and preserved indefinitely across platforms and borders. For a person falsely depicted, the harm can be overwhelming: pervasive emotional distress, devastating reputational damage and lasting harm to personal, professional and family relationships. Once released into the digital ecosystem, these falsehoods are nearly impossible to erase.

New Mexico must respond with laws that reflect the seriousness of this moment and reaffirm our commitment to protecting our citizens’ rights in the digital age. That is why I am advocating for development of a Digital Bill of Rights and the enactment of a comprehensive legal framework to regulate artificial intelligence, particularly the malicious use of synthetic media. When AI is used as a tool to commit harm, the law must provide clear accountability.

Civil remedies are essential to give victims meaningful avenues for justice, including the ability to seek damages, injunctions and the removal of harmful content. Criminal penalties are equally necessary to deter the most egregious conduct, especially when deepfakes are used to exploit children, interfere with elections or engage in large-scale fraud and harassment. Punishment must reflect the reality that AI can amplify harm, allowing a single act to affect thousands or even millions of people.

This is not about stifling innovation. It is about setting guardrails that ensure innovation serves the public good. Responsible developers, researchers and businesses benefit from clear rules of the road. Communities benefit when trust, safety and human dignity are treated as nonnegotiable values rather than afterthoughts.

New Mexico has a proud tradition of standing up for consumers, civil rights and democratic integrity. In the face of federal inaction and corporate irresponsibility, we have both the authority and the obligation to act. Artificial intelligence is reshaping our world in real time. The question before us is whether we will shape the law to protect people or allow technology to shape society without accountability.

Raúl Torrez is the New Mexico attorney general.