FCC Considers Loosening Rules on Political Robocalls, Including AI Voices

The Federal Communications Commission (FCC) is weighing a request that could permit political groups to make unsolicited robocalls to cellphones using artificial or prerecorded voices, a decision that could significantly impact the final stretch before the November midterm elections.

The petition, submitted by a conservative group, seeks a waiver of current federal law which prohibits most robocalls to cellphones without prior consent. If granted, the change would allow political campaigns to utilize AI-generated voices or pre-recorded messages in automated calls to voters.

The Republican-led FCC has advanced the request for public comment, with a potential ruling anticipated as early as late October. Consumer advocacy groups have voiced strong opposition, warning that the proposed change could lead to an influx of unwanted and potentially misleading automated calls during a critical period for elections that will determine control of Congress.

Past Concerns with AI and Robocalls

Concerns about AI-generated voices in political messaging were highlighted during the 2024 presidential primary season when thousands of New Hampshire voters received a robocall mimicking the voice of then-candidate Joe Biden. The call falsely advised voters to refrain from participating in the primary, suggesting they "save" their votes for the general election.

While some existing state and federal laws would continue to prohibit deceptive election-related messages under the proposed waiver, critics argue that loosening the rules could embolden malicious actors. Tim Harper, who leads the elections team at the Center for Democracy and Technology, stated that such a decision close to Election Day presents "a huge opportunity for abuse during a period where harm has outsized impact."

Arguments for the Waiver

The Club for Growth, the conservative economic policy group behind the petition, contends that current federal rules are outdated and impede freedom of speech. The group argues that a waiver would enable political organizations to communicate more effectively with potential voters, potentially in multiple languages, and improve polling accuracy.

David McIntosh, president of the Club for Growth, emphasized that the petition aims to ensure that "First Amendment protected political speech" is treated comparably to other types of automated calls, such as those for delivery updates or bank notifications. The group maintains that its request is not intended to promote robocalls but to harmonize regulations.

However, FCC Commissioner Anna Gomez, the sole Democrat among the three active commissioners, has expressed opposition to the proposal. She warned that it could create "a tsunami of robocalls and misinformation" and that exempting political calls from consent requirements would "supercharge that strategy."

Regulatory Scrutiny and Precedents

Critics have pointed to past actions by the FCC, particularly under its Republican chairman, Brendan Carr, suggesting a willingness to bypass procedural norms for political purposes. These concerns have been raised in the context of an "unusual early review" of broadcast licenses for ABC-owned stations, which ABC's parent company challenged as a violation of free speech and retaliation for content unfavorable to former President Donald Trump.

In previous elections, deceptive political robocalls have led to significant penalties. In 2020, Jacob Wohl and Jack Burkman were criminally charged and fined millions for making robocalls that falsely warned Black voters about potential arrest and debt collection if they voted by mail. More recently, the political consultant behind the AI-generated Biden robocall in New Hampshire faced fines and civil damages, though he was acquitted of criminal voter suppression charges.

Following the New Hampshire incident, the FCC had ruled that robocalls made with AI voice-cloning tools were illegal under the consumer protection act.

Potential Impact of AI in Political Calling

If the FCC approves the waiver, political groups could expand their use of AI for both prerecorded messages and live, AI-driven conversations with voters. Mekela Panditharatne of the Brennan Center for Justice cautioned that AI systems could disseminate false promises or manipulate voters with inaccurate information. Harper also raised privacy concerns, noting that voters might not be aware of how their data is being captured or used by AI agents.

The Club for Growth has argued that the waiver would create a more consistent regulatory environment, as unsolicited automated calls to landlines are already permitted. Even if the waiver is granted, callers would face restrictions, including providing opt-out options and limiting calls to three per recipient within a 30-day period.

The public comment period on the petition is set to close on Oct. 19, after which the FCC could make a decision.