On August 7, 2024, the FCC a Notice of Proposed Rulemaking (NPRM) and a Notice of Inquiry (NOI) related to AI-generated Robocalls and Robotexts. This action follows steps taken by the Commission in the recent past. In November 2023 the Commission released a NOI seeking to better understand the implications of emerging AI technologies as part of its consumer protection efforts related to unwanted illegal telephone calls and text messages as required by the Telephone Consumer Protection Act (TCPA). in that proceeding the Commission sought comment on how AI technologies can be defined regarding Robocalls and Robotexts and the potential associated benefits and risks. In February 2024 the Commission issued a Declaratory Ruling confirming that its rules implementing the TCPA encompass AI-generated calls/texts and therefore these calls/texts require the prior express consent of the called party to initiate such calls absent an emergency purpose or exemption.
In the August 7, 2024, NPRM the Commission seeks comment on proposals designed to ensure that its rules keep pace with changes in AI technology while also ensuring that the rules do not hinder the potential benefits that AI technology can offer including benefits to individuals with disabilities. The NPRM specifically seeks comments on the definition of AI-generated calls and text messages and requiring callers to disclose their use of AI technology. In addition, comment is sought on supporting technologies that alert and protect consumers from unwanted and illegal AI calls and protecting positive uses of AI that benefit individuals with disabilities.
The NPRM proposes to define an AI-generated call as “a call that uses any technology or tool to generate an artificial or prerecorded voice or 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 inbound telephone call.” The FCC seeks comment on this definition and how best to ensure that any definition keeps pace with evolving AI technologies. Further the NPRM seeks comment as to whether the proposed definition is suitable to address both the potential harms and benefits of AI technology.
Regarding disclosure requirements, the NPRM proposes that callers, when obtaining prior express consent, to also disclose that the caller intends to use AI generated calls and text messages. Further, the NPRM proposes that callers using AI technology would need to disclose at the beginning of each call, that the call is using AI-generated technology. Comment is also sought as to whether the proposed disclosure at the beginning of an AI-generated call should include a special tone or other indication alerting the consumer that the call is AI-generated. Finally, the Commission seeks comment regarding requiring that consumers have the ability to opt out of receiving AI-generated calls when the consumer wishes to continue receiving non-AI Robocalls from the caller.
The NPRM proposes to exempt from the TCPA’s requirements artificial or prerecorded voice calls made by an individual with a speech or hearing disability using any technology, including AI technologies, designed to facilitate the ability of such individuals to communicate over the telephone. This proposal is to ensure that the proposed protections against potential abuses from AI technology do not deter the development and use of AI enabled tools that allow people with disabilities to better use the telephone network.
Finally, the NOI seeks comments on the development and availability of technologies that can alert consumers to AI-generated unwanted and illegal calls and texts.
The above narrative is a high-level overview of the August 7, 2024, NPRM and NOI. Numerous comments have been filed by interested Parties reflecting divergent opinions on the Commission’s proposals. Reply Comments were originally due by October 25, 2024, however, the Commission recently granted an extension of the Reply Comment deadline to November 15, 2024.
We will continue to monitor this issue and will provide updates as more information becomes available.
