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BakerHostetler Litigation Team Authors Article on Digital Asset Exchange Amicus Brief Against SEC

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Data Counsel

Deeper Dive: FTC in 2024 Continues Aggressive Privacy Path – But Don’t Forget About that Rulemaking

On July 17, the Federal Communications Commission (FCC) released a draft <a href="https://www.fcc.gov/document/protecting-consumers-unwanted-artificial-intelligence-robocalls" target="_blank" rel="noreferrer noopener">Notice of Proposed Rulemaking</a> (NPRM) aimed at curbing the use of artificial intelligence (AI) in robocalls and robotexts. The FCC explains that this NPRM is seeking to protect consumers from the abuse posed by AI in robocalls and robotexts. This NPRM may be finalized and adopted at the agency’s upcoming Aug. 7 meeting, pending feedback from interested parties.

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At the onset, the NPRM seeks to define an AI-generated call as “a call that uses any technology or tool to artificially generate a 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 outbound telephone call.” The FCC believes that consumers should be made aware of instances when AI is used to communicate with consumers.

Under this proposed rule, calls or text messages made using an AI-generated artificial or prerecorded voice would be required to feature a clear and conspicuous disclosure that the consent consumers provide extends to consent to receive calls through AI. The proposed rule would also require that callers using AI-generated voice technology disclose at the beginning of the call that the call is using AI-generated technology. In this NPRM, the FCC also considers an exemption for accessibility issues, specifically exempting from the requirements “artificial or prerecorded voice calls made by an individual with a speech or hearing disability using any technology, including artificial intelligence technologies, designed to facilitate the ability of such individuals to communicate over the telephone.”

The NPRM is seeking comments from the public to determine the value that these additional AI disclosures would provide outside of the already mandated disclosures for artificial and prerecorded voices. If the item is adopted at the upcoming Aug. 7 meeting, then the comment and reply process will begin.

AI’s Calling; Will You Answer? FCC Considering New Requirements for AI-Generated Calls

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