FCC Proposes First-Of-Their-Kind AI-Generated Robocall And Robotext Rules

The Federal Communications Commission announced new consumer protections against AI-generated robocalls and robotexts.  The proposal seeks comment on the definition of AI-generated calls, requiring callers to disclose their use of AI-generated calls and text messages, supporting technologies that alert and protect consumers from unwanted and illegal AI robocalls, and protecting positive uses of AI to help people with disabilities utilize the telephone networks.

The Notice of Proposed Rulemaking adopted today proposes to define AI-generated calls and to require callers when obtaining prior express consent to disclose that the caller intends to use AI-generated calls and text messages.  In addition, callers would need to disclose to consumers on each call when they receive an AI-generated call.  This provides consumers with an opportunity to identify and avoid those calls or texts that contain an enhanced risk of fraud and other scams.

This item also proposes protections to ensure that positive uses of AI that already help people with disabilities use the telephone network can thrive without threat of Telephone Consumer Protection Act liability.  In a Notice of Inquiry, the Commission seeks additional comment and information on developing technologies that can alert consumers to AI-generated unwanted and illegal calls and texts.

These proposed robocall rules are the latest in a series of actions taken by the Commission to protect consumers from AI-generated scams that mislead consumers and misinform the public, empowering consumers to make informed decisions.  The Commission proposed new transparency standards that would require disclosure when AI technology is used in political ads on radio and television.  The Commission recently adopted a Declaratory Ruling which made clear that voice cloning technology used in common robocall scams targeting consumers is illegal absent the prior express consent of the called party or an exemption.  It also proposed significant fines related to apparently illegal robocalls made using deepfake, AI-generated voice cloning technology and caller ID spoofing to spread election misinformation to potential New Hampshire voters prior to the January 2024 primary.

Action by the Commission August 7, 2024 by Notice of Proposed Rulemaking (FCC 24-84).  Chairwoman Rosenworcel, Commissioners Carr, Starks, and Gomez approving.  Commissioner Simington approving in part and concurring in part.  Chairwoman Rosenworcel, Commissioners Carr, Starks, Simington, and Gomez issuing separate statements.

Source: Federal Communications Commission media announcement