FCC considers allowing more political robocalls before midterms, including those created with AI

The Federal Communications Commission (FCC) is contemplating allowing more political robocalls, including those created with artificial intelligence (AI) voices, ahead of the November midterm elections. Currently, federal law prohibits most robocalls to cellphones unless the caller obtains consent beforehand. The request, made by a conservative group, seeks a waiver to permit political groups to use artificial or prerecorded voices in unsolicited wireless calls.

Consumer advocacy groups are apprehensive that the proposed change could lead to an influx of unwanted, partisan, and potentially misleading automated calls during the election. Two years ago, during the presidential primary season, thousands of voters in New Hampshire received a robocall with an AI-generated voice of then-President Joe Biden, falsely suggesting voters should forgo casting a ballot in the primary and "save" their votes for the general election.

The waiver request before the FCC notes that certain laws protecting against deception and voter intimidation would still apply. However, granting the waiver could weaken a significant deterrent for bad actors, according to Tim Harper, who heads the elections team at the Center for Democracy and Technology. Critics argue that a decision close to Election Day could open up "a huge opportunity for abuse during a period where harm has outsized impact."

The Club for Growth, a right-leaning economic policy group supporting the change, believes the waiver could enable political organizations to communicate more effectively with potential voters, including in more languages, and improve polling accuracy. They argue that current federal rules are outdated and hinder freedom of speech.

The FCC, which has become closely aligned with President Donald Trump during his second term, would need to expedite the process to grant the waiver in time for the midterm elections. Critics point out that this wouldn't be the first time the FCC has bypassed procedural norms to serve its political agenda. Its Republican chairman, Brendan Carr, recently launched an early review of broadcast licenses for several ABC-owned local stations, which the company sued, claiming the review was unconstitutional and a retaliation for content Trump dislikes. The FCC did not respond to a request for comment on the petition.