Guarding the Currency of Trust: The FCC Restricts AI-Generated Voices
February 15, 2024
Privacy Plus+
Privacy, Technology and Perspective
This week, let’s reflect on our previous discussions about the dangers of deepfakes, as we consider the recent decree by the Federal Communications Commission (FCC) to curtain the use AI-generated voices in robocalls under the Telephone Consumer Protection Act (TCPA).
The Rising Threat of AI-Generated Voice Scams
In 2019, we highlighted the growth of deepfake technology in the form of sophisticated AI-generated voice scams, writing both that “[i]t seems clear…that the automation of cyberattacks is upon us” and that “[t]he implications for our democracy are obvious.” You can read that post, entitled,” I Can Hear You Now: The Growing Danger of Voice Recognition” by clicking on the link that follows:
Since then, the sophistication of AI-generated voice scams has grown, with fraudsters using this technology to disseminate disinformation or extort the unwary. A recent, notable example involved a robocall imitating President Biden's voice, aimed at suppressing the Democratic voter turnout in the New Hampshire primary —a tactic that not only targeted individuals but also sought to undermine the integrity of democratic elections. You can read more about that incident (and its apparent link to Texas) by clicking on the following link:
https://www.nytimes.com/2024/02/06/us/politics/biden-robocall-new-hampshire.html
FCC Cracks Down on Robocalls Using AI-Generated Voices
On February 8, 2024, the FCC issued a Declaratory Ruling, clarifying that calls made with AI-generated voices fall under the "artificial" category as per the TCPA. This means that anyone wanting to use AI-generated voices for calls must first get express consent from the person they're calling.
A link to the FCC’s press release and the Declaratory Ruling can be accessed by clicking on the following link:
https://www.fcc.gov/document/fcc-makes-ai-generated-voices-robocalls-illegal
A Unified Front
The response to the FCC's initiative has been positive, with a coalition of 26 State Attorneys General—more than half of the nation's AGs—voicing their support. This collective stance is crucial, as it underscores the nationwide commitment to tackling this issue. By classifying AI-generated voices as "artificial" within the ambit of the TCPA, the FCC empowers State AGs with new tools to combat the misuse of these technologies.
Our Thoughts
The notion that anyone would willingly sign up for AI-generated robocalls borders on the absurd. It's hard to imagine eagerly awaiting a call that begins with, "Hello, dear human, would you kindly consent to this delightful AI-generated intrusion?"
Still, we’re very grateful for the application of the TCPA here. Recognizing the growing challenge of differentiating real from artificial interactions, it's critical for all State AGs to actively support initiatives like this one by the FCC to use our laws in tandem with technological progress. Such commitment is vital for safeguarding the public in an increasingly digital age.
Moreover, the importance of relying on our laws to protect public trust cannot be understated. Trust is indispensable. It can be likened to a currency due to its fundamental role in underpinning the functioning of our government and legal system, and it must be protected against the devaluation posed by technologically sophisticated scams and those who would “cash in” on deceptive practices.
The public's trust in our legal system heavily relies on its adaptability and responsiveness to contemporary challenges. As technology evolves, so too must our laws and our leaders to address new forms of deception and ensure the integrity of our system.
---
Hosch & Morris, PLLC is a boutique law firm dedicated to data privacy and protection, cybersecurity, the Internet, and technology. Open the Future℠.