Michelle ThompsonU.S. lawmakers are taking action to combat the rise of AI-powered scams and fraud by introducing new legislation to revamp the nation’s robocall regulations.
House Democrats have put forth a comprehensive proposal in response to incidents such as the recent deepfake impersonation of President Joe Biden, which targeted thousands of New Hampshire voters, and fraudsters using AI to mimic a loved one’s voice to deceive victims into believing a kidnapping had occurred.
The volume of robocalls in the U.S. reached a peak of approximately 58.5 billion in 2019, according to estimates from YouMail, a robocall blocking service. Last year, the number was closer to 55 billion.
The new bill seeks to significantly broaden the definition of a robocall to include any call or text message containing artificially generated or prerecorded messages. It would also double the potential fines for violations of U.S. robocall rules involving the use of AI to impersonate individuals. Additionally, under the proposed law, any use of AI in robocalls, including those authorized by individuals, would need to be disclosed.
These restrictions would apply uniformly to both political and non-political robocalls. The legislation is designed to address perceived loopholes in current law that robocallers can exploit, including the definition of a robocall, which was recently narrowed by a Supreme Court ruling.
In 2021, the Supreme Court ruled in favor of a strict interpretation of the language used to describe an autodialer in earlier legislation, effectively limiting the scope of what constitutes a robocall.
The proposed legislation comes amid broader efforts to combat robocalls by states and regulatory agencies like the Federal Communications Commission (FCC). In 2022, the FCC took action to shut down one of the largest auto warranty scam call operations in history.
Regulators have been working to strengthen rules governing robocalls and texts and have even disconnected phone providers from the U.S. telephone network for facilitating unwanted calls. Advances in technology mandated by previous legislation, such as the TRACED Act of 2019, have enabled authorities to better identify the source of illegal robocalls, aiding in efforts to combat them.
However, those behind unwanted robocalls are increasingly turning to new technologies like artificial intelligence to evade detection. The proposed legislation seeks to equip the FCC and the Federal Trade Commission (FTC) with tools to pursue scammers more effectively and impose harsher penalties, including fines.
It also aims to compel phone providers to offer free robocall-blocking services to consumers and requires the FCC to maintain a public list of the top 100 illegal robocall campaigns.
Representative Frank Pallone, a leading Democrat on the House Energy and Commerce Committee and a sponsor of the bill, stated that the legislation brings anti-robocall protections into the modern era and ensures that scammers cannot exploit new loopholes as technology continues to evolve. Other Democratic co-sponsors of the bill include Representatives Jan Schakowsky, Doris Matsui, Darren Soto, and Eric Sorensen.
