FCC proposes rules for AI-generated robocalls, texts

The Federal Communications Commission is asking for input on how it should define the types of robocalls and texts that would be considered “AI-generated”, as well as proposing new rules governing them.

In line with similar, previous actions, the FCC is looking at having robocalls and robotexts that have content generated by artificial intelligence identify that fact to consumers, rather than not allowing them at all.

The FCC is proposing that entities must obtain prior express consent from consumer to receive AI-generated robocalls and texts, and that each call would have to disclose to consumers that it is AI-generated.

“This provides consumers with an opportunity to identify and avoid those calls or texts that contain an enhanced risk of fraud and other scams,” the agency said in a release, adding that it is also proposing protections for “positive uses of AI”, such as AI-assisted use of telephones for people with disabilities.

The proposed rules, which the FCC is seeking comment on, were put forward on a bipartisan basis, with Chairwoman Jessica Rosenworcel and fellow Democratic Commissioners Geoffrey Starks and Anna Gomez approving them as well as Commissioner Brendan Carr, a Republican. Commissioner Nathan Simington, also a Republican, approved in part and concurred in part.

The Commission also recently proposed rules that would require it to be disclosed when AI is used in political ads on radio and television, and is pursuing fines against voice-cloned, AI-generated robocalls and caller ID spoofing that spread election information ahead of the January 2024 primary in New Hampshire. It also adopted a declaration that using AI-based voice cloning in scam robocalls is illegal.