FCC Unveils New Rules for AI-Powered Robocalls and Robotexts

The Federal Communications Commission, or FCC, has unanimously approved a Notice of Proposed Rulemaking and a Notice of Inquiry. They're introducing groundbreaking rules for AI-generated robocalls and robotexts, requiring transparency from callers and texters using AI tech.

Read the full article.

About the authors:
Martin L. Stern
Justin T. Bradley
Ryan L. Gillcrist

Transcript

Welcome to Womble Perspectives, where we explore a wide range of topics, from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever changing legal landscape.

With a focus on innovation, collaboration and client service. We are committed to delivering exceptional value to our clients and to the communities we serve. And now our latest episode.

The Federal Communications Commission, or FCC, has unanimously approved a Notice of Proposed Rulemaking and a Notice of Inquiry. They're introducing groundbreaking rules for AI-generated robocalls and robotexts, requiring transparency from callers and texters using AI tech. These rules target both mobile and residential calls, covering informational and telemarketing categories.

The proposed definition of an "AI-generated call" includes any call that uses technology to create an artificial or prerecorded voice or text. This can involve computational tech, machine learning, predictive algorithms, or large language models to generate voice or text content for communication over phone calls. While applying this definition to voice calls is straightforward, applying it to texts might pose challenges.

The FCC is proposing new rules for disclosure and consent to help consumers identify and avoid calls or texts that pose a higher risk of fraud and scams. They recommend that callers using AI-generated voice messages must disclose that consumer consent for artificial and prerecorded calls may include AI-generated calls. Autodialed texts containing AI-generated content should also disclose that consent for these messages might involve AI-generated content. Additionally, every AI-generated voice call should begin with a clear disclosure to the recipient about the use of AI technology.

Moreover, the FCC proposes protections to ensure the new rules do not impede the potential accessibility benefits of AI technologies. For instance, calls made by individuals with speech or hearing disabilities using AI tech to facilitate phone communication would be exempt from certain requirements. This exemption wouldn't apply if the technology is used for unsolicited advertising or telemarketing.

Finally, the Notice of Inquiry seeks further input on developing technologies to alert consumers to unwanted and illegal AI-generated calls and texts. It also explores whether rules should regulate call detection, alerting, or blocking technologies to safeguard privacy.

This recent action is part of a broader effort by the Commission to safeguard consumers from AI-generated schemes that could misinform and mislead. It aims to give consumers control over how they interact with AI calls and texts. Back in February, the Commission released a declaratory ruling that clarified AI-generated messages or voice calls fall under the TCPA's restrictions and FCC rules for artificial or pre-recorded calls. In May, they proposed new rules that would require disclosure when AI is used in political ads on radio and TV. Additionally, the Commission has proposed hefty fines for a robocall scheme that used deepfake AI voice cloning and caller ID spoofing to spread misinformation during the New Hampshire primary. This new Notice of Proposed Rulemaking highlights how federal agencies are working to adapt legal frameworks to keep up with AI technology growth.

The Commission is clearly focused on creating rules to match the pace of AI technology development, especially concerning voice calls and texts. Although the measure was unanimously approved, FCC Commissioner Carr advised caution to avoid overregulating AI. The Commission's challenge moving forward is to balance the potential risks of AI being misused by fraudsters and scammers with the benefits and efficiencies it can provide to consumers and businesses in various communication forms.

Thank you for listening to Womble Perspectives. If you want to learn more about the topics discussed in this episode, please visit The Show Notes, where you can find links to related resources mentioned today. The Show Notes also have more information about our attorneys who provided today's insights, including ways to reach out to them.

Don't forget to subscribe via your podcast player of choice so that you never miss an episode. Thank you again for listening.