FCC Cracking Down on AI in Telecommunications

In a rapidly evolving technological world, complaints about robocalls are consistently the top consumer complaints to the Federal Communications Commission (FCC). On September 10, 2024, the FCC proposed a new rule to define an “AI-generated call” as well as implement new rules around using AI to make outbound calls.

Defining an AI-Generated Call

The FCC’s proposed definition of an “AI-generated call” is, “a call that uses any technology or tool to generate an artificial or prerecorded voice or a 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 outbound telephone call.”

Note that this definition only applies to outbound calls, not inbound calls, similar to other TCPA requirements. The FCC is taking comments on this definition and other proposed rules until October 10, 2024, and reply comments are due on October 25, 2024.

Proposed Disclosures

• Require callers to include a clear and conspicuous disclosure that the consumer may receive AI-generated calls when opting in to receive artificial or prerecorded calls.
• Require callers making auto-dialed text messages to include a clear and conspicuous disclosure that the consumer may receive AI-generated messages.
• Require callers using an AI-generated voice to clearly disclose at the beginning of the call that they are using AI-generated technology.

Promoting Access to Telephone Service for Individuals with Disabilities

Amid the restriction of Artificial Intelligence, the FCC recognizes the potential for AI to benefit the lives of individuals with disabilities. The Americans with Disabilities Act of 1990 established the Telecommunications Relay Services program with the mission to provide services to individuals with hearing or speech disabilities that are functionally equivalent to those provided to individuals without disabilities. The FCC is taking comments on best practices to limit bad actors from using AI-generated messaging without deterring the development and use of Artificial Intelligence to enable people with disabilities to better use the telephone network.

Real-Time Call Detection, Call Alerting, and Call Blocking Technologies

The FCC seeks comments on the development of technologies that can:

• Detect AI-generated calls based on a real-time analysis of voice call content
• Alert consumers that a call is AI-generated
• Block future AI-generated voice calls

The goal is to monitor AI-generated calls without violating people’s right to privacy. These AI-detecting technologies could retain information on the content of the call, a transcript of the dialogue, or other metadata associated with the call. The FCC is taking comments on how to support these technologies while ensuring the retained call information is not used for any other purpose than determining whether to identify a call as AI-generated.

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