The US Makes Robocalls Illegal

The US federal agency regulating communication in the US has  made AI-generated voice robocalls illegal. This means that phone calls made in the US using Artificial Intelligence-generated voices are outlawed with immediate effect, following  a unanimous vote by the Federal Communications Commission (FCC) on February 8th

"Today the Federal Communications Commission announced the unanimous adoption of a Declaratory Ruling that recognises calls made with AI-generated voices are “artificial” under the Telephone Consumer Protection Act (TCPA)." This law gives the state power to prosecute the bad actors creating these calls, the FCC said. 

The ruling takes effect immediately and makes voice cloning technology used in common robocall scams targeting consumers illegal. This would give State Attorneys General across the country new tools to prosecute the criminal activity behind robocalls, at a time when there has been a remarkable rise in robocalls that have mimicked the voices of celebrities and political candidates.

"Bad actors are using AI-generated voices in unsolicited robocalls to extort vulnerable family members, imitate celebrities, and misinform voters," said FCC chairwoman Jessica Rosenworcel in a statement on Thursday.
"We're putting the fraudsters behind these robocalls on notice."

The move comes on the heels of an incident last month in which voters in New Hampshire's primary elections received robocalls impersonating US President Joe Biden ahead of the state's presidential primary. The calls encouraged voters not to cast ballots in the primary. An estimated 5,000 to 25,000 were placed. New Hampshire's attorney general said the calls were linked to two companies in Texas and that a criminal investigation is underway.

The FCC said these calls have the potential to confuse consumers with misinformation by imitating public figures, and in some instances, close family members. The agency added that, while state attorneys general can prosecute companies and individuals behind these calls for crimes like scams or fraud, this latest action makes the use of AI-generated voices in these calls itself illegal. 

Those who break the law can face steep fines, with a maximum of more than $23,000 (€21 ,351) per call, the FCC said.

The agency has previously used the consumer law to clamp down on robocalls interfering in elections, including imposing a $5 million (€4.6 million) fine on two conservative hoaxers for falsely warning people in predominantly Black areas that voting by mail could heighten their risk of arrest, debt collection and forced vaccination. It "expands the legal avenues through which state law enforcement agencies can hold these perpetrators accountable under the law".

Earlier this year the FCC received a letter signed by attorneys general from 26 states asking the agency to act on restricting the use of AI in marketing phone calls. "Technology is advancing and expanding, seemingly by the minute, and we must ensure these new developments are not used to prey upon, deceive, or manipulate consumers," said Pennsylvania Attorney General Michelle Henry, who led the effort. This letter followed a Notice of Inquiry put forward by the FCC in November 2023 that requested input from across the country on the use of AI technology in consumer communications.

Deepfakes, which use AI to make video or audio of someone by manipulating their face, body, or voice, have also emerged as a major concern around the world at a time when major elections are will soon be underway in countries like the US, UK and India. 

Senior British politicians have been subject to audio deepfakes, as have politicians in nations including Pakistan, Turkey and Ukraine; the British National Cyber Security Centre  has warned of the threats AI fakes pose to the country's  Parliamentary elections, expected later this year.

FCC:    FCC:    Euronews:    Reuters:     BBC:     USA Today:   Wired

Image: Unsplash

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