On Thursday, the Federal Communications Commission (FCC) declared an immediate ban on deceptive robocalls utilizing fabricated voices generated by artificial intelligence (AI), aiming to curb the misuse of "deepfake" technology that poses threats to election security and fraud acceleration.
In a unanimous decision, the FCC expanded its regulations against unsolicited AI deepfake calls, categorizing such voices as "artificial" within the framework of the federal law overseeing telemarketing and robocalling.
This move by the FCC empowers state attorneys general with additional legal tools to pursue those illicit robocallers employing AI-generated voices to deceive the public, according to the FCC's official statement.
FCC Chairwoman Jessica Rosenworcel emphasized the misuse of AI-generated voices in unsolicited robocalls, noting instances where bad actors exploit vulnerable individuals, impersonate celebrities, and disseminate misinformation to voters. She stated, "We're putting the fraudsters behind these robocalls on notice."
The decision to broaden the interpretation of the 1991 Telephone Consumer Protection Act (TCPA) to encompass AI-generated voices followed a recent incident where a fake robocall, impersonating President Joe Biden, targeted voters in New Hampshire, urging them not to participate in the state's primary.
This week, authorities linked the fake calls to a Texas man and two companies, suggesting an ongoing investigation that may result in civil and criminal penalties.
Under the updated regulations, individuals seeking to make robocalls must obtain explicit consent from the called party before using AI-generated voices. The FCC's announcement implies that scam robocalls featuring cloned voices will face the same fines and consequences as those without AI technology.
Violations of the TCPA can result in substantial civil penalties. In 2021, the FCC proposed a $5 million fine against right-wing operatives Jacob Wohl and Jack Burkman for allegedly employing illegal robocalls to discourage voting in the 2020 election.
While the FCC adapts its interpretation of federal law, some lawmakers propose direct revisions to further deter illegal robocallers. House Democrats introduced legislation this year aiming to double the TCPA's maximum penalties when AI is involved in robocall violations.
Senior Counselor at the Benton Institute for Broadband & Society, Andrew Schwartzman, praised the FCC's move as a significant step forward. He cautioned that it might not entirely prevent bad actors but acknowledged that it equips the FCC with tools to act promptly and discourage companies facilitating such practices.
The FCC has the authority to disconnect phone providers persistently facilitating illegal robocalls from the US telephone network, as part of a broader crackdown by state and federal officials on illegal robocalls.
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