The FCC's fight against robocalls has gained a new weapon by declaring AI-generated voices to be “artificial” and therefore clearly against the law when used for automated call fraud. It might not stop the flood of fake Joe Bidens that will almost certainly cause problems on our phones this election season, but it won't hurt either.
This new rule, which has been under consideration for several months and was announced in the Telegram last week, actually new Rules — The FCC cannot invent them without due process. Robocall is just a new term for something that is already largely prohibited under the Telephone Consumer Protection Act. This means that every number in the phone book is sent an artificial, intentionally pre-recorded message (which still existed when the law was drafted).
The question was whether cloned AI voices speaking scripts would fall into these prohibited categories. It may seem obvious to you, but nothing is obvious to the federal government by design (and sometimes for other reasons), and the FCC is looking into it, and the AI We needed to seek expert opinion on whether generated voice calls should be outlawed.
It was likely sparked by a high-profile (but stupid) incident last week in which fake President Biden called people in New Hampshire and told them not to waste their votes in the primary. The shady operation to stop this case is being held up as an example of how the Attorney General, the FCC, and perhaps more agencies to come, are more or less pilloried in order to stop others.
As we have written, even if it had been a Biden impersonation or a manipulated recording, the call would not have been legal. Since this is still an illegal robocall and likely a form of voter suppression (although no charges have been filed yet), it was fine to fit it under the existing definition of illegality.
But these lawsuits, even those brought by state or federal agencies, must be supported by evidence to be tried. To date, the president's use of his AI voice clone may have been illegal in some ways, but it was not illegal, especially in the context of automated calls. It's no problem for his AI voice clone of a doctor to tell you that an appointment is coming up. for example. (Importantly, you probably chose it.) But starting today, the fact that the audio of a call is fake, generated by AI, can be used against defendants in legal proceedings. It will be.
Below is part of the declaratory judgment.
Our findings deter negative uses of AI and ensure that consumers are fully protected by the TCPA when they receive such calls. The TCPA also makes clear that it does not allow any carving out of technology that purports to provide functionality equivalent to a live agent, which prevents unscrupulous companies from attempting to exploit the ambiguity of the TCPA rules. . While voice cloning and other uses of AI in phone calls are still evolving, we have already seen the use of AI in ways that have the potential to cause unique harm to consumers and those whose voices have been cloned. I am. Voice cloning can help convince the caller that someone they trust or care about, such as a family member, wants or needs them to take some action they might not otherwise take. can. By asking for consent to such calls, consumers have the right not to receive such calls or the knowledge that they should be careful if they do.
This is an interesting lesson in how legal concepts are made to be flexible and easily adaptable. A process was required, and while the FCC could not arbitrarily change the definition (there are barriers to doing so), changes could be made if the need became clear. You don't have to consult Congress or the president or anyone else. As the expert body on these issues, they are empowered to investigate and make these decisions.
Incidentally, this vital ability is under threat by an impending Supreme Court ruling that, if it goes as some fear, would overturn decades of precedent and paralyze U.S. regulators. It's going to happen. If you love robocalls and polluted rivers, we have good news for you.
If you receive such an AI-powered robocall, record it and report it to your local attorney general's office. They are likely part of the recently formed Anti-Robocall Alliance to coordinate the fight against these scammers.