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FCC Wants Robocallers to Disclose Calls Made With Artificial Intelligence

Agency says AI makes scams a greater threat but also hopes to use technology ‘for good’


VIDEO: FCC Wants to Fight Robocalls With Artificial Intelligence

The Federal Communications Commission wants robocallers to come clean in their use of artificial intelligence (AI). 

The agency unanimously proposed steps Wednesday to protect consumers from AI-infused robocalls and robotexts. The proposed rules, subject to a comment period, also aim to clear a path for positive uses of AI technology, such as helping people who are hard of hearing or have a speech disability communicate by phone.

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If enacted, the FCC will require callers and those sending text messages using AI to specifically disclose and obtain consumer consent for each use of the technology. Disclosures must be made at the start of a call. Transparency standards will also apply when AI is used in political ads on TV and radio. ​​

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AI- or prerecorded voice calls that people with disabilities make will be exempt from the requirements.

Robocalls have been in the FCC’s crosshairs for some time. Earlier this year in what was also a unanimous vote, the agency outlawed robocalls containing AI-generated voices, a decision that sends a clear message that exploiting the technology to scam people and mislead voters won’t be tolerated.

Old law targets new technological problems

That ruling targeted robocalls made with AI voice-cloning tools. The agency cited the Telephone Consumer Protection Act, a 1991 law restricting junk calls that use artificial and prerecorded voice messages.

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See AARP’s conversation with FCC Chairwoman Jessica Rosenworcel in full at your convenience in AARP’s video library.

At the time, New Hampshire authorities were investigating AI robocalls that mimicked President Joe Biden’s voice to discourage people from voting in the state’s first-in-the-national-election primary in January.

The regulation empowers the FCC to fine companies that use AI voices in their calls or block the service providers that carry them. It opens the door for call recipients to file lawsuits and gives state attorneys general a new mechanism to crack down on violators, according to the FCC.

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

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A tool for misinformation, impostor scams, identity theft

The technology allows bad guys to create deepfakes all too easily. They can clone the voices of celebrities or your loved ones, convincing unsuspecting folks to part with their Social Security numbers, other sensitive personal information and often lifelong savings.

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Last year, the FCC received 120,000 written complaints about robocalls. Call-protection app YouMail estimated more than 50.3 billion illegal robocalls were made last year.

“It’s the issue that more consumers complain about than anything else,” Rosenworcel told Nancy LeaMond, AARP’s chief advocacy and engagement officer, in a discussion this past fall.

The Federal Trade Commission (FTC), a sister agency, reported that 20 percent of fraud cases begin with a phone call, she said.

“Fraud artists are creative,” Rosenworcel said. “They find new ways to get us. They start a scam, and when it doesn’t yield results, they move on to the next. We’ve got to figure out how to make sure regulatory and legislative efforts … keep up to date with the technology.”

Fighting fraud with artificial intelligence

Rosenworcel is upbeat about AI in some ways — specifically as a tool to fight AI-generated scams and fraud.

“The one thing I know about any battle is you’ve got to go in with optimism,” the FCC chairwoman told AARP. “And so at this point, while everyone is talking about AI and the scary prospects associated with its use in the long term, I want to, in the short term, explore how we can look at it on communications networks. It is better than any human being at identifying fraud and junk on networks. So let’s put it to use for good.”

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FCC Chairwoman Jessica Rosenworcel hopes to use artificial intelligence to stop robocalls before they reach your phone.
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As part of that effort, the FCC teamed with the National Science Foundation to study how the airwaves that power our mobile phones can identify patterns of use.

“We can cut those bad actors responsible for robocalls and robotexts off before they ever reach you on your device or in your home,” Rosenworcel said. “If we can shut it out right at the moment, I think we can do a lot to restore trust in our networks.”

The FCC requires most large telecommunication companies to use a technical protocol called STIR/SHAKEN to verify that calls originate from the number that shows up on your phone.

A year ago, the agency joined forces with the FTC, federal Justice Department and states’ attorneys general on an initiative called Operation Stop Scam Calls, which targets telemarketers and the companies that hire them. 

What consumers can do

  • “First, you don’t always have to answer the phone,” Rosenworcel said.
  • If you do answer, don’t respond to any questions, especially those that can be answered with “Yes.”
  • Never give out account numbers, Social Security number, mother’s maiden name, passwords or other personal identifying information, in response to unexpected calls or if you are at all suspicious.
  • File a complaint at fcc.gov.

“We’ll see what we can do to help you,” Rosenworcel said. “But just as important, when you file a complaint with us, we look for patterns. If a whole lot of people are filing complaints with us about a particular scam, we’re going to look on the network for evidence of fraud. [And] we will talk with our colleagues at state attorneys general’s offices and our colleagues at the Federal Trade Commission.”

Contributing: Associated Press. This story, originally published Oct. 23, 2023, was updated with the latest FCC actions.

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