The Federal Communications Commission (FCC) has unveiled a Notice of Proposed Rulemaking (NPRM) aimed at regulating the use of artificial intelligence (AI) in the creation of robocalls. This move follows an earlier Notice of Inquiry that sought insights from industry stakeholders on the management of AI technologies. The NPRM marks a significant step in addressing the growing influence of AI within the communications sector.
In the NPRM, the FCC officially proposes the definition of "AI-generated calls." These are identified as calls using any technology capable of producing an artificial or prerecorded voice or text. This involves employing computational techniques or machine learning, including predictive algorithms and large language models, to craft content for communication over outbound telephone calls. The FCC has explicitly stated that this definition does not cover inbound calls, pointing out that the requirements outlined in the Telephone Consumer Protection Act (TCPA) typically do not apply to technologies managing inbound calls.
The proposal includes additional stipulations regarding disclosure for AI-generated calls and texts. The FCC suggests that entities using AI for such communication must provide "clear and conspicuous" disclosures about the technology's use, and secure consumer consent prior to sending these communications. This condition targets both calls and texts that require prior express consent and those needing prior express written consent per TCPA regulations. Furthermore, callers using AI-generated voices must inform call recipients at the outset of each call that the interaction utilises AI-generated technology.
An exemption is proposed within the NPRM for individuals with speech or hearing difficulties. Such individuals could use AI technologies to enhance communication across phone calls, provided these calls are not for marketing or advertising reasons.
The FCC has opened the NPRM for public comment, inviting feedback on numerous aspects of the proposal. These include reflections on the definition of AI-generated calls, ensuring the definition remains relevant alongside technological progression, and whether the necessary disclosures should only apply going forward. Moreover, the FCC is seeking opinions on the potential value of AI-specific disclosures, whether the agency should standardize the language for these disclosures, and if consumers should be given the option to decline AI-generated calls while still accepting other types of robocalls. The agency also seeks comments on the accessibility exemption's implementation.
The deadline for comments has been set for October 10, 2024, with reply comments due by or before October 25, 2024.
FCC Chair Jessica Rosenworcel, in a statement accompanying the NPRM's release, acknowledged the tangible concerns surrounding technological advancements, noting, "But if we focus on transparency and taking swift action when we find fraud, I believe we can look beyond the risks of these technologies and harness the benefits."
This NPRM forms part of a broader initiative by the FCC to tackle the challenges posed by AI technologies. It follows various enforcement actions targeting illegal robocalls produced using advanced AI voice cloning technologies. Should the FCC move to implement these proposed rules, it would necessitate businesses using AI in their communication strategies to meticulously evaluate their disclosure methods related to AI-generated content presented to consumers.
Source: Noah Wire Services