FCC releases draft NPRM to broaden regulation of AI-generated robocalls | Pillsbury – CommLawCenter

Chairwoman Rosenworcel announced at the FCC’s July 16 public meeting that the Commission is considering adopting a Notice of Proposed Rulemaking (“NPRM”) seeking comments on proposals to regulate AI-generated robocalls. The draft NPRM released this afternoon is the result of a November 2023 notice and follows several recent FCC actions designed to reduce the potential for malicious actors to use AI technology in robocalls to mislead consumers. Last year, the FCC (1) declared that the Telephone Consumer Protection Act (“TCPA”) restrictions on the use of “artificial or recorded voices” also apply to AI-generated voices; (2) proposed a multimillion-dollar fine against an individual suspected of causing illegal robocalls that used an artificially generated voice that sounds like President Biden; and (3) sent letters to major U.S. telecommunications companies requesting information about their efforts to prevent illegal robocalls that use AI technology from reaching customers. Separately, the FCC is also considering imposing disclosure requirements for political advertising that uses AI-generated content.

If adopted as currently drafted, the NPRM will, among other things, do the following:

• Propose defining an ‘AI-generated call’ as: ‘A call that uses any technology or tool to artificially generate voice or text using computer technology or other machine learning methods, including predictive algorithms and large language models, to process natural language and produce voice or text content for communication with the called party via an outgoing telephone call’;
• Propose requiring callers to disclose to consumers that their consent to receive artificial and prerecorded calls or autodialed text messages may also include consent to receive AI-generated content;
• Propose exempting from the TCPA calls made by individuals with speech or hearing impairments who use technology (including AI technology) designed to facilitate their communication over the telephone;
• Request for comment on the development and availability of real-time, content-based technologies that can detect, warn consumers about, and block potentially fraudulent calls or calls using AI-generated voice, and the privacy implications of such technologies.

The Commission is scheduled to vote on adoption of the NPRM at its public meeting on August 7, 2024.

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