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Technology, media, and telecom law attorney Marc S. Martin provides regulatory, transactional, and strategic advice to developers, service providers, manufacturers, entrepreneurs, investors, and enterprise customers.

Artificial Intelligence (AI)-generated robocalls may trick some consumers into thinking they are being called by a human being, but the Federal Communications Commission clarified in a recent AI Declaratory Ruling that it will not be fooled. Moving forward, all AI-generated robocalls will be treated as artificial or prerecorded voice calls for purposes of the Telephone Consumer Protection Act (TCPA) and will require a called party’s prior express consent. The AI Declaratory Ruling reflects a first step by the FCC in crafting a new record on AI’s implications for consumers’ rights under the TCPA. That record began last November when the FCC released an AI-focused Notice of Inquiry (NOI), which sought industry and stakeholder comments on the potential benefits and risks of AI for consumers. By confirming that AI technologies used in robocalls are artificial or prerecorded voice calls under the TCPA, the FCC hopes to stem the rapid proliferation of AI-generated robocall scams, including popular “deep-fake” or voice cloning scams that solicit money by mimicking the voices of popular celebrities or even family members.
 
Admittedly, the FCC’s conclusion that AI-generated voice calls are “artificial” seems, at face value, axiomatic. But prior to the AI Declaratory Ruling, there was at least a colorable argument that AI-generated human-sounding voices capable of engaging in a live, interactive conversation was sufficient to qualify for the TCPA’s longstanding prior consent exception for live calls from human beings. That theory has been shut down, at least under current AI technologies. Continue Reading FCC Declares AI-Generated Robocalls Unlawful

The White House recently issued its most extensive policy directive yet concerning the development and use of artificial intelligence (AI) through a 100-plus-page Executive Order (EO) titled “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” and accompanying “Fact Sheet” summary.

Following in the footsteps of last year’s Blueprint for AI Bill of Rights and updates to the National Artificial Intelligence Research and Development Strategic Plan published earlier this year, the EO represents the most significant step yet from the Biden administration regarding AI. Like these previous efforts, the EO acknowledges both the potential and the challenges associated with AI while setting a policy framework aimed at the safe and responsible use of the technology, with implications for a wide variety of companies. The EO also signals the government’s intentions to use its purchasing power to leverage Responsible AI and other initiatives, with significance for government contractors.Continue Reading White House Issues Comprehensive Executive Order on Artificial Intelligence

Perkins Coie presented at Digital Hollywood’s “AI Bill of Rights, Ethics & the Law” Summit, a one-day virtual conference that seeks to advance the conversation around the establishment of a national regulatory policy for artificial intelligence (AI). The October 19 event highlighted the tension between efforts to unleash a once-in-a-generation burst of innovation, while simultaneously safeguarding against the dangers and risk inherent in complex and still developing technologies.

Over the course of the summit, panelists discussed a wide range of topics, including government regulation versus industry self-regulation, generative AI and intellectual property (IP) rights, human interaction with AI, and balancing the benefits and risks of deepfakes, among others.

Marc Martin moderated the panel “US and EU Regulation of AI: What To Expect and How To Prepare.” The panelists included Cass Matthews from Microsoft’s Office of Responsible AI and Benoit Barre, a partner at Le16 Law in Paris.Continue Reading Notes From the Field: AI Virtual Summit: New AI Regulation in the EU and US: What To Expect and How To Prepare