Image credit: Megan Varner/Getty Images

May 24, 2024

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The Federal Communications Commission (FCC) has proposed a $6 million fine against a political consultant for running an artificial intelligence-generated, voice-cloning tech to impersonate United States President Joe Biden during a New Hampshire primary election.

Steve Kramer, a New Orleans political consultant who has worked mainly for Democrats in New York, was indicted for initiating a robocall and spoofing campaign on May 23. The operation involved illegal automated phone calls that spread election misinformation among New Hampshire voters before the January primary using AI-generated deepfake technology.

The robocalls featured a deepfake audio recording of President Biden’s voice urging voters not to participate in the primary and to “save your vote for the November election.” The calls were made using caller ID spoofing, presenting themselves as coming from a well-known local political consultant.

Kramer’s actions violated the Truth in Caller ID Act, which prohibits the use of spoofing to deceive, cause harm, or wrongfully obtain anything of value. The FCC emphasized that knowingly transmitting misleading caller ID information with harmful intent is illegal.

Attorney General John Formella brought 13 felony voter suppression charges and 13 misdemeanor impersonation charges against Kramer.

The FCC’s Enforcement Bureau coordinated with the New Hampshire Attorney General’s Office to order Lingo Telecom — who was also sanctioned for incorrectly labeling these calls with the highest level of caller ID attestation —  to stop carrying the suspicious calls in February.

“We will act swiftly and decisively to ensure that bad actors cannot use U.S. telecommunications networks to facilitate the misuse of generative AI technology to interfere with elections, defraud consumers, or compromise sensitive data,” said Loyaan Egal, chief of the Enforcement Bureau and chair of the Privacy and Data Protection Task Force.

The FCC said it continues to adapt to the evolving challenges posed by AI in telecommunications, including robocalls and robotexting. The agency has initiated proceedings to better understand and mitigate new threats, including AI-generated robocalls mimicking familiar voices, and has confirmed its commitment to using existing laws to combat these challenges.