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FCC Seeks to Make AI Robocalls Illegal

The agency worries AI-powered voice cloning could supercharge phone scams and misinformation.
By Ryan Whitwam
A robot hand touching a smartphone
Credit: Kilito Chan/Getty Images

The rapid expansion of artificial intelligence is becoming a story of unintended consequences. From a spike in misinformation to job losses, AI is already impacting the world, and it will only get bigger. The Federal Communications Commission (FCC) is warning about a worrying rise in AI robocalls, urging lawmakers to criminalize these spam calls.

People have been using phone calls to swindle others since the first telephone lines were run, but generative AI could make scams much harder to spot. There have already been instances of robocalls using AI to clone a person's voice. According to FCC chairwoman Jessica Rosenworcel, these calls could easily convince victims to send money to the fraudsters, believing they are helping a friend or popular public figure. An AI robocall purporting to be President Biden recently told New Hampshire residents to skip the state's presidential primary. It's the flip side of Jolly Roger Telephone.

"AI-generated voice cloning and images are already sowing confusion by tricking consumers into thinking scams and frauds are legitimate," said Rosenworcel. "No matter what celebrity or politician you favor, or what your relationship is with your kin when they call for help, it is possible we could all be a target of these faked calls."

Late last year, the agency began researching the emerging use of AI in robocalls. It considered the prevalence of the technology in scams, as well as ways that AI could help detect and block such calls. The goal was to determine if AI-generated robocalls could be regulated under the Telephone Consumer Protection Act. This law allows the FCC to limit junk calls and auto-dialing systems.

Jessica Rosenworcel
Jessica Rosenworcel at a net neutrality rally in 2017. Credit: Slowking4 / GFDL 1.2

Rosenworcel has proposed that the FCC make a "Declaratory Ruling" that AI robocalls do indeed fall under the purview of the Telephone Consumer Protection Act. If successful, such calls would be recognized as illegal under the law. Congress is at least pretending it will take action—Democratic House Rep Frank Pallone Jr introduced the Do Not Disturb Act, which would require companies to disclose if AI has been used to craft a message to the consumer. However, it's unclear whether the legislation will make it anywhere in the hyperpartisan chamber. The current 118th Congress has passed just 34 laws, about ten times fewer than average.

So far, 26 State Attorneys General, led by Pennsylvania AG Michelle Henry, have come out in favor of the FCC proposal. "We commend Chairwoman Rosenworcel for considering our input and taking this timely action to ensure consumers have the ability to provide prior written consent before receiving calls with A.I. technology serving as a live agent," said Henry. The FCC has not set a date for a final decision, but this is an election year. Hopefully, the process doesn't take too long.

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