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Democratic FCC commissioner warns against AI robocalls ahead of US midterm elections

Anna Gomez pushes back on conservative group’s petition to allow AI-generated political calls without prior consent

By LineZotpaper
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Anna Gomez, the Democratic member of the US Federal Communications Commission, has urged the agency to reject a petition that would allow political groups to use AI-generated robocalls without prior permission, warning that the move could flood voters with misinformation days before the midterm elections in November.

Gomez opposed the petition from Club for Growth, a national conservative fiscal policy organisation, which was filed on August 31. The group asked the FCC to let political organisations make automated phone calls to people without their prior express consent, with the condition that no individual receives more than three calls in 30 days and that an opt-out option is provided.

The FCC opened a public comment period on September 4. Comments were due Monday, and responses to those comments must be filed by October 19. The agency has not yet decided whether to approve the request.

“[If] the FCC allows a dark money group to flood Americans’ phones with AI-generated robocalls they never agreed to receive, it would bring chaos so close to Election Day,” Gomez told Reuters on Wednesday. She told The Associated Press that removing the FCC’s consent requirement could lead to a rise in unwanted robocalls and misinformation.

Representatives for Gomez did not respond to Al Jazeera’s request for comment.

The FCC has long prohibited robocalls to cellphones and pagers without the called party’s prior consent, but they remain permitted on landlines. In February 2024, the agency specifically banned the use of AI-generated voices in robocalls, making the practice itself illegal.

Concerns about AI in political calls are not theoretical. Before the 2024 New Hampshire Democratic primary, voters received a robocall featuring an AI-generated imitation of President Joe Biden’s voice telling them not to vote. The FCC identified political consultant Steve Kramer, working for primary challenger Dean Phillips, as responsible and proposed $6 million in fines. Kramer was later acquitted of voter suppression charges.

At the state level, Louisiana, Tennessee and Vermont this year passed laws requiring disclosures for AI-generated campaign phone calls. More broadly, 25 states have enacted laws addressing AI-generated materials in elections since 2019.

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Analysis

Why This Matters

  • AI-generated robocalls could spread convincing disinformation in the final days of a close election, making it harder for voters to distinguish real campaign messages from fakes.
  • The FCC’s decision will set a national precedent for how AI tools may be used in political campaigning, potentially influencing state-level regulations.
  • If the petition is approved, it could lead to a surge in unwanted automated political calls, eroding public trust in both phone communications and the electoral process.

Background

The FCC’s current rules prohibit robocalls to cellphones without prior express consent, while landline calls are largely unrestricted. In February 2024, the agency specifically outlawed AI-generated voices in robocalls after a rise in scams and a high-profile incident where an AI-cloned voice of President Joe Biden urged voters not to participate in the 2024 New Hampshire primary. The Club for Growth petition, filed in August, seeks an exemption for political organisations, arguing that limited AI robocalls with opt-out provisions constitute protected political speech. The FCC is now weighing public comments before making a final decision.

Key Perspectives

[FCC Commissioner Anna Gomez (Democrat)]: Opposes the petition, arguing that removing the consent requirement would invite chaos and misinformation so close to Election Day. She characterises Club for Growth as a “dark money group” and warns that AI voices make impersonation easier and more dangerous. [Club for Growth]: The conservative group argues for allowing limited AI-generated political robocalls with safeguards: a cap of three calls per person per 30 days and an opt-out mechanism. It frames the request as a matter of free political speech. [Critics and election security advocates]: They point to the 2024 New Hampshire incident as evidence that AI robocalls can be used for voter suppression. They note that even with limits, bad actors could exploit the system, and that consent requirements exist precisely to protect consumers from harassment and fraud.

What to Watch

  • The FCC’s final decision on the Club for Growth petition, expected after the October 19 response deadline.
  • Whether any state attorney general moves to challenge an FCC approval in court.
  • The volume of AI-generated political robocalls reported in the weeks leading up to the November midterms, regardless of the FCC’s ruling.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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