The Federal Communications Commission (FCC) said today it issued a declaratory ruling that bans the use of voice cloning technologies made possible by artificial intelligence in the case of unwanted robocalls to consumers.

The agency said it was taking that action under the Telephone Consumer Protection Act (TCPA), which protects consumers from non-emergency calls and texts made using an autodialer or containing an artificial or prerecorded voice.

The declaratory ruling announced today recognizes that “calls made with AI-generated voices are ‘artificial’” under the TCPA, the FCC said.

“The ruling, which takes effect immediately, makes voice cloning technology used in common robocall scams targeting consumers illegal,” the agency said.

The commission explained that its action will “give State Attorneys General across the country new tools to go after bad actors behind these nefarious robocalls.” The FCC has a memorandum of understanding with 48 state attorneys general to cooperate in efforts to combat robocalls.

“My office supports the regulation of the use of artificial intelligence in robocalls under existing law, in order to protect consumers from intentionally deceptive and manipulative marketing tactics,” commented Pennsylvania Attorney General Michelle Henry last week when FCC Chairwoman Jessica Rosenworcel signaled that the agency’s declaratory order was on the way.

“We commend Chairwoman Rosenworcel for considering our input and taking this timely action to ensure consumers have the ability to provide prior written consent before receiving calls with AI technology serving as a live agent,” Henry said last week.

“Bad actors are using AI-generated voices in unsolicited robocalls to extort vulnerable family members, imitate celebrities, and misinform voters,” Rosenworcel said today. “We’re putting the fraudsters behind these robocalls on notice.”

“While currently State Attorneys Generals can target the outcome of an unwanted AI-voice generated robocall – such as the scam or fraud they are seeking to perpetrate – this action now makes the act of using AI to generate the voice in these robocalls itself illegal, expanding the legal avenues through which state law enforcement agencies can hold these perpetrators accountable under the law,” the FCC said today.

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John Curran
John Curran
John Curran is MeriTalk's Managing Editor covering the intersection of government and technology.
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