As AI technology advances, its use in generating content for robocalls and robotexts has raised concerns about the potential for fraud and scams. On Wednesday, the Federal Communications Commission (FCC, Commission) adopted a Notice of Proposed Rulemaking and Notice of Inquiry for the use of AI-generated robocalls and robotexts, marking the Commission’s first rulemaking directly addressing the increasing prevalence of AI in telemarketing. The proposed rules aim to protect consumers from potential fraud and scams while also considering the benefits of AI for disability accessibility purposes and fraud call detection.
In a statement, FCC Commissioner Geoffrey Starks said, “Critically, we propose protections to ensure that these new requirements do not limit the development of the positive uses of AI that help people with disabilities use our telephone network. And we seek further comment on the development of AI tools to detect and block spam calls and alert callers of potential fraud.”
Proposed Rules
Definition of AI-Generated Calls
The proposed rules seek to more precisely define “AI generated call” as “a call that uses any technology or tool to generate an artificial or prerecorded voice or a text using computational technology or other machine learning, including predictive algorithms, and large language models, to process natural language and produce voice or text content to communicate with a called party over an outbound telephone call .” Alternatively, the FCC seeks comment whether it is necessary to define “AI-generated call” with specificity, given that the TCPA expressly covers “artificial or prerecorded voice,” and given that the Commission has already determined that voice cloning and similar technologies qualify under that statutory phrase.
Disclosure of AI-Generated Calls
The rules would also require entities to obtain prior express consent from consumers to receive AI-generated robocalls and texts, with each call or text disclosing that it is AI-generated. There will be a practical requirement for “callers” to prove they took such action for each and every AI-call or text. Service providers are also likely to face demands for proof that their customers are in compliance.
Exemption for Technology Assisting People with Disabilities
The FCC seeks to exempt from the new rules voice calls made by individuals with speech or hearing disabilities using any assisting technology, including AI technologies or, alternatively, the use of technologies that are designed to assist individuals with disabilities to communicate by voice over the telephone network.
Notice of Inquiry
The Commission seeks comment as to which steps it can take to encourage the development and deployment of technology that can:
- detect incoming calls that are potentially fraudulent and/or AI-generated based on real-time analysis of voice call content;
- alert consumers to the potential that such voice calls are fraudulent and/or AI-generated; and
- potentially block future voice calls that can be identified as similar AI-generated or otherwise fraudulent voice calls based on analytics.
The FCC also asks whether it should adopt rules governing the use of call detection, alerting, or blocking technologies to protect the privacy of both callers and called parties, and whether it should adopt:
- notice-and-consent principles with regard to such technology; or
- substantive protections such as minimization requirements for data collection, purpose limitations for data processing, and categorical restrictions on sharing and disclosure.
Also of interest is Commissioner Symington’s separate statement, where he expresses concern about the FCC approval of “even the suggestion of ubiquitous third-party monitoring of telephone calls for the putative purpose of ‘safety.’” It raises the question as to whether the FCC has clear statutory authority to effectively create a much-needed safe harbor for companies working to identify and stop illegal robocalls.
Implications
The proposed rules could significantly impact businesses that utilize AI-generated content for telemarketing purposes, as they would need to adjust their practices to comply with the new requirements, including the introduction of additional disclosures and revision of their TCPA consent-seeking language and practices. The rules would also encourage the development and use of AI technologies that can help protect consumers from fraudulent calls and texts.
The FCC’s proposed rules on AI-generated robocalls and robotexts signal the agency’s commitment to protecting consumers in the evolving applications of AI landscape. Stakeholders should closely monitor and are encouraged to participate in the rulemaking process and be prepared to adjust their practices accordingly if the rules are adopted.
Deadlines to Comment
The comments on the Notice of Proposed Rulemaking will be due 30 days since publication in the Federal Register and reply comments will be due 30 days afterwards.
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