New FCC Rule Would Make Robocallers Disclose They’re Using AI

Back in February, the FCC announced new rules that would prohibit the use of AI-generated deep fake robocalls. The proposal would make such calls illegal under the Telephone Consumer Protection Act (TCPA), which it already uses to combat robocalls. It was prompted by that very sloppy AI deep fake that targeted the Democratic Presidential primary and clearly spooked the government.

Now the FCC’s back with a new proposal: requiring among other things, that anybody using AI to send automated texts or calls must disclose that AI is being used. FCC boss Jessica Rosenworcel had this to say of the effort:

“Today we propose rules that would take another step towards transparency. We require callers and texters to make clear when they are using AI-generated technology. That means before any one of us gives our consent for calls from companies and campaigns they need to tell us if they are using this technology. It also means that callers using AI-generated voices need to disclose that at the start of a call.”

The FCC’s proposal is particularly interested in making sure that folks that use automated systems for hearing and speech assistance don’t find themselves running afoul of the TCPA.

The rulings are part of the FCC’s inconsistent efforts to combat robocalls, which, as we’ve noted repeatedly, have been undermined by decades of court rulings eroding the FCC’s authority, as well as endless lobbying by “legitimate” telemarketers and debt collectors wanting to ensure that their efforts to harass consumers aren’t impacted by the agency’s efforts to undermine scammers.

Consumer groups also say that, historically, the FCC has lacked the courage to go after major telecom companies that have often stood to profit from scam calls. As a result, despite the FCC’s good intention, nationwide voice networks have been rendered at points almost unusable, something that’s been weirdly normalized. Again, our robocall hell has as much to do with “legit companies” pushing for rule loopholes, as it does velour-track-suit wearing scammers operating out of dodgy strip malls.

I wouldn’t expect any of these dynamics to suddenly and mysteriously change simply because automation has come into play. I’d suspect that telemarketers may also eventually balk at these new restrictions on AI, potentially leaning on the Supreme Court’s recent Chevron ruling to effectively declare that, as with issues like net neutrality, the FCC has no authority to do much of anything. We’ll see.