The FCC proposes new rules for AI-generated calls and texts

The US Federal Communications Commission (FCC) has introduced new proposals to regulate AI-generated communications in telecommunications. That initiative, detailed in a Notice of Proposed Rulemaking (NPRM) and a Notice of Inquiry (NOI) released in August, seeks to define and manage the use of AI in outbound calls and text messages.

The NPRM proposes defining an ‘AI-generated call’ as one utilising AI technologies—such as machine learning algorithms or predictive models—to produce artificial or prerecorded voice or text content. The rules would require callers to disclose AI use and obtain specific consent from consumers, ensuring greater transparency and control over AI-generated communications.

In addition to defining and regulating AI-generated calls, the NPRM includes provisions to address the needs of individuals with speech or hearing disabilities. It proposes an exemption from certain TCPA requirements for AI-generated calls made by these individuals, provided such calls are not for telemarketing or advertising. That exemption aims to facilitate communication for those who depend on AI technologies for telephone interactions, balancing regulatory requirements with accessibility needs.

The NOI, on the other hand, seeks feedback on technologies designed to detect, alert, and block potentially fraudulent or AI-generated calls, exploring their development and privacy implications. It questions how these technologies handle call content data and whether current privacy laws are adequate.

The FCC also invites comments on the potential costs and benefits of the proposed rules and asserts that its authority to implement them is grounded in the Telephone Consumer Protection Act (TCPA). As the comment deadlines approach, the FCC anticipates a thorough discussion on these regulatory changes, which could significantly impact how AI technologies are managed in telecommunications.