FCC’s Ban In The Face Of Robocall Scams

The Federal Communications Commission (FCC) has banned robocalls in which AI is used to generate AI-generated voices. Such action aims at banning “deepfake” technology, which specialists alarmed can even destabilize election security or conduct fraud. The FCC ruling makes exceptions for robocalls with fake AI voices that fall under the federal “artificial call” definition.

Prior Express Consent

The FCC’s decision makes it easier for state attorneys general to use more legal options, including AI-generated voice calls when fighting against illegal robo-callers that trick Americans. The recommendation to expand the 1991 Telephone Consumer Protection Act (TCPA) to include the AI-generated voices came after a phony call that impersonated President Joe Biden, targeting thousands of New Hampshire voters and telling them not to participate in the state’s primary.

The FCC has stated that those who wish to send robocalls must obtain prior express consent from the called party before making a call that utilizes artificial or prerecorded voice simulated or generated through AI technology. 

With this change, scam robocalls featuring cloned voices would be subject to the same fines and consequences associated with illegal robocalls that do not use the technology. 

Fines and Legal Penalties

The regulation can grant the FCC the power to impose fines on companies that utilize AI voices in their robocalls or block the service providers responsible for carrying them. The new ruling strengthens the FCC’s enforcement capabilities and empowers call recipients. They now have the right to take legal action and potentially recover up to $1,500 in damages for each unwanted call.

Violators of the law can face substantial fines, with penalties exceeding $23,000 per call. For instance, in 2021, the FCC announced a $5 million proposed fine against right-wing operatives Jacob Wohl and Jack Burkman for allegedly using illegal robocalls to discourage voting in the 2020 election.

Collaborative Efforts for Enhanced Protection

The number of robocalls placed in the US peaked at around 58.5 billion in 2019; last year, the figure was closer to 55 billion. As the FCC updates its interpretation of federal law, some US lawmakers have proposed revising the law directly to deter illegal robocalls further. 

Although bipartisan efforts to regulate AI in political campaigns have been made in Congress, no federal legislation has been passed as of yet, with the general election only nine months away. House Democrats unveiled legislation this year that would double the TCPA’s maximum penalties when a robocall violation involves using AI.

While the FCC’s ban on AI-generated voices in robocalls is essential, experts argue that more comprehensive measures are necessary to protect elections and reduce AI-related scams. 

They emphasize the need for a combined effort from government and industry, including implementing watermarking for AI-generated content, more robust consumer consent and disclosure mechanisms, and a commitment from utilities and telecom providers to promptly address fraudulent and deceptive conduct.