On August 8, 2024, the Federal Communications Commission released a Notice of Proposed Rulemaking and Notice of Inquiry (“NPRM” and “NOI” respectively) proposing steps to protect consumers from abuse of artificial intelligence (“AI”) in robocalls, and seeking comment on developing technologies that can alert consumers to unwanted or illegal calls and texts. The item was adopted at the August Open Meeting.
As you may recall, the Commission issued a Declaratory Ruling in February 2024 that confirmed that AI generated messages fall within the definition of a robocall or robotext. In the NPRM the FCC proposes and seeks comment on measures designed to ensure that its rules keep up with AI technologies. Specifically, the FCC:
- Proposes to 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.”
- Proposes to require that callers making calls using AI-generated calls include a clear and conspicuous disclosure that the consumer’s consent to receive automated or pre-recorded voice calls or autodialed calls includes consent to receive AI-generated calls, and to require such callers to disclose at the beginning of the call that the call is using AI-generated technology.
- Proposes to exempt from these requirements artificial or prerecorded voice calls made by an individual with a speech or hearing disability using any technology, including AI technology, designed to facilitate their ability to communicate.
In the NOI, the FCC seeks comment on the development and availability of technologies on either the device or network level 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 seeks comment on the privacy implications of these technologies, and how to utilize the NIST AI Risk Management Framework to further understand the risks surrounding AI technologies to combat unwanted and fraudulent calls.
Comments will be due 30 days after publication in the Federal Register, and reply comments will be due 45 days after publication in the Federal Register.
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