FCC Releases Draft NPRM Considering Broader Regulation of AI-Generated Robocalls

Chairwoman Rosenworcel announced on July 16 that the Commission is considering adoption of a Notice of Proposed Rulemaking (NPRM) seeking comment on proposals to regulate AI-generated robocalls. The draft NPRM, released this afternoon, is the outgrowth of a November 2023 Notice of Inquiry and follows several recent FCC actions intended to mitigate the potential for bad actors to use AI technology in robocalls to mislead consumers. Over the last year, the FCC (1) has declared that the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voices” apply to AI-generated voices; (2) proposed a multimillion dollar fine against a person suspected of causing illegal robocalls that used a voice artificially created to sound 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 whether to adopt disclosure requirements for political advertising that uses AI-generated content.

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

• Propose to define “AI-generated call” as “a call that uses any technology or tool to artificially generate a voice or 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”;
• Propose to require callers to disclose to consumers that consent to receive artificial and prerecorded calls or autodialed text messages may include consent to receive AI-generated content;
• Propose to exempt from the TCPA calls made by individuals with speech or hearing disabilities using any technology (including AI technology) designed to facilitate their ability to communicate via telephone;
• Seek comment on the development and availability of real-time content-based technologies that can detect, alert consumers to, and block incoming calls that are potentially fraudulent or that use AI-generated voice and the privacy implications of such technologies.

The Commission is scheduled to vote on adoption of the NPRM at its August 7, 2024 open meeting. Parties interested in participating in this proceeding or federal regulation of robocalling and robotexting more generally should contact Pillsbury’s Communications Practice for more information.