Hi TCPAWorld! The deadline for submitting comments on the FCC’s Notice of Inquiry (“NOI”) concerning Artificial Intelligence is rapidly approaching. So remember to get your comment in before December 18, 2023!

Back in November, The Dutchess provided an overview of this significant step by the FCC. This NOI represents a critical effort by the FCC to comprehend how emerging AI technologies might influence the TCPA. The FCC is proactively preparing for potential future challenges posed by AI – marking its first substantial move in this direction.

In the NOI, the FCC recognizes the dual nature of AI in the realm of consumer protection laws. AI technologies have the potential to significantly enhance consumer protection by effectively identifying and blocking unwanted communications. However, this comes with new challenges in terms of privacy and safety.

For TCPA purposes, the NOI seeks to define AI and identify its specific uses relevant to fulfilling the Commission’s statutory responsibilities under the TCPA. The Commission is looking to align this definition closely with the TCPA’s goals of consumer protection.

The NOI raises several key questions to gather input on various aspects of AI in the context of the TCPA which it will consider in its definition:

1. Are there any alternative definitions of AI that should be considered for this purpose?
2. Do certain AI technologies provide insights into how the term AI should be defined in the context of the TCPA?
3. Can the ability of AI technologies to mimic human voices and interact with consumers via calls and texts as if they were real people form a basis for defining these technologies under the TCPA?
4. Should the role of AI in enhancing analytics for detecting and blocking unwanted and fraudulent calls and texts be factored into the definition of AI technologies for this context?
5. Are there accessibility considerations that the Commission should be aware of in defining AI technologies, to avoid hindering the development of beneficial AI tools?
6. Should the definition of AI technologies consider whether they are used for malicious purposes, such as to defraud, cause harm, or wrongly obtain anything of value?

Additionally, the FCC seeks comments on potential benefits and risks of AI technologies used to make “robocalls” and “robotexts.” The Commission recognizes the need to understand how AI may alter the existing regulatory framework and is formulating policies to ensure continued consumer privacy protection under the TCPA from unwanted and illegal “robocalls” and “robotexts.”

There’s a focus on how AI can be used to protect consumers, improve TCPA enforcement, and promote accessibility to disabled individuals. Concerns are also raised about AI’s potential misuse in illegal or unwanted communications, the risks of inadvertently blocking legitimate calls, and the impact on consumer privacy.

It is also important to note that the FCC has affirmatively said that it believes that “voice cloning” falls within the TCPA’s provisions on artificial or prerecorded voice messages.

The NOI also explores the need for technical and procedural standards for AI systems transmitting artificial or prerecorded voice messages. It discusses the possibility of requiring digital watermarks for AI-generated voices and the accountability of AI developers in ensuring compliance with consumer protection statutes.

Finally, the FCC is considering how to collaborate with other agencies, universities, and industry entities to stay informed of emerging AI technologies and practices that might impact consumer protection from unwanted “robocalls” and “robotexts.”

If these matters are relevant to you or your business, remember to submit your comments by the deadline of December 18th!