FCC Proposes New AI-Generated Robocall Rules

On Aug. 7, the Federal Communications Commission (FCC) voted to propose new rules to require callers to disclose if they are using artificial intelligence (AI) in robocalls and robotexts. If adopted, the new rules would set definitions for what constitutes an AI robocall or text. If a caller uses AI robocall technology, they would be required to disclose that information to a consumer as part of the process of obtaining consent to place the call or text. Previously, the FCC has taken steps to ban AI-enabled voice cloning for robocalls and proposed substantial fines for providers carrying those calls. The FCC has also considered requiring disclosures for AI-generated materials used in political advertisements on radio and television. This proposal marks another step by the FCC to grapple with the continued growing prevalence of AI in telecommunications.

AI-Generated Robocalls NPRM Overview

The FCC’s Notice of Proposed Rulemaking (NPRM) discusses the impact of AI technologies on consumer protection against robocalls and robotexts. The proposal introduces a definition for “AI-generated calls,” which would encompass calls using AI to generate voice or text. The proposed rule includes mandatory disclosures for callers using AI-generated content. The disclosure must provide clear communication that the call or text may involve AI. There are also exemptions for individuals with speech or hearing disabilities and considerations for new technologies that detect fraudulent AI-generated calls. The key proposals and considerations included within the NPRM include:

• AI-Generated Calls Defined: calls using any computations technology, such as machine learning or predictive algorithms, to generate voice or text content.
• Mandatory Disclosures: clear disclosures at the beginning of each call that the call uses AI-generated technology. There are also consent requirements for AI-generated autodialed text messages, making it clear that the consumer consent to receive such content.
• Exemptions: calls made by individuals with speech or hearing disabilities using AI technologies designed to facilities communication are exempt from these requirements.

Notice of Inquiry for Detection and Blocking Technologies

Additionally, the FCC released a Notice of Inquiry seeking comment on the privacy implications of real-time content-based call detection and blocking technologies. The Notice of Inquiry will help the FCC determine whether it should consider requirements to protect the privacy of both callers and called parties. Specifically, the FCC is seeking comment on the development and availability of technologies on either the device or network level that can detect potentially fraudulent AI-generated calls in real time and alert consumers or block future such calls. The FCC is also soliciting input on the privacy implications of real-time call detection and the potential need for regulations to protect consumer privacy.

Next steps

The FCC is requesting comments on the proposed rule and the notice of inquiry. Comments are due within 30 days after the NPRM is published in the Federal Register, and reply comments are due within 45 days after publication. To learn more about this proposal, please contact one of the authors of this alert.

THIS DOCUMENT IS INTENDED TO PROVIDE YOU WITH GENERAL INFORMATION REGARDING NEW FCC RULES DEFINING ROBOCALLS. THE CONTENTS OF THIS DOCUMENT ARE NOT INTENDED TO PROVIDE SPECIFIC LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS ABOUT THE CONTENTS OF THIS DOCUMENT OR IF YOU NEED LEGAL ADVICE AS TO AN ISSUE, PLEASE CONTACT THE ATTORNEYS LISTED OR YOUR REGULAR BROWNSTEIN HYATT FARBER SCHRECK, LLP ATTORNEY. THIS COMMUNICATION MAY BE CONSIDERED ADVERTISING IN SOME JURISDICTIONS.