In the wake of US President Joe Biden seemingly calling New Hampshire residents to tell them not to vote in the state's first-in-the-nation presidential primary, the Federal Communications Commission (FCC) announced on the 8th of February that, effective immediately, robocalls made using AI-generated voices are illegal.

When phones started ringing in New Hampshire homes on the 21st of January, two days before the 2024 Republican presidential primary, many residents probably weren't expecting to hear President Biden tell them to stay home and save their vote for the November election. Of course, it wasn't the real Biden; it was a robocall using an AI-generated voice. But some were likely duped.

In response to the hoax, on February 6, the Federal Communications Commission (FCC) issued a cease-and-desist letter to Lingo Telecom, a Texas company that carried the robocalls on its phone network, and to another Texas entity, Life Corporation, that allegedly made the robocalls. Two days later, they announced a unanimously supported Declaratory Ruling that calls made with AI-generated voices are "artificial" and, therefore, illegal under the Telephone Consumer Protection Act (TCPA). The ruling came into immediate effect on the day it was announced.

"Bad actors are using AI-generated voices in unsolicited robocalls to extort vulnerable family members, imitate celebrities, and misinform voters," said FCC Chairwoman Jessica Rosenworcel. "We're putting the fraudsters behind these robocalls on notice. State Attorneys General will now have new tools to crack down on these scams and ensure the public is protected from fraud and misinformation."

Before, State Attorneys General could only target the outcome of an AI-voice-generated robocall – the scam or fraud the robocaller sought to, or did, perpetrate. With this ruling, using AI itself is made illegal, expanding the legal avenues available to law enforcement agencies to hold perpetrators accountable. Now, before robocalling using an AI-generated voice, a scammer must have the express, written consent of the person they're calling.