Freshly Indicted Biden Deepfaker Prompts Uncharacteristically Fast FCC Action On AI Political Robocalls

Earlier this year you probably saw the story about how a political consultant used a (sloppy) deepfake of Joe Biden in a bid to try and trick voters into staying home during the Presidential Primary. It wasn’t particularly well done; nor was it clear it reached all that many people or had much of an actual impact.

But it clearly spooked the government, which was already nervously watching AI get quickly integrated in global political propaganda and disinformation efforts.

The Biden deepfake quickly resulted in an uncharacteristically efficient joint investigation by the FCC and state AGs leading to multiple culprits, including Life Corp., a Texas telecom marketing company, a political consultant by the name Steve Kramer, and a magician named Paul Carpenter, who apparently “holds a world record in straitjacket escapes.”

But Kramer was the “mastermind” of the effort, and when busted back in February, claimed to NBC News that he was secretly trying to prompt regulatory action on robocalls, likening himself to American Revolutionary heroes Paul Revere and Thomas Paine (seriously):

“This is a way for me to make a difference, and I have,” he said in the interview. “For $500, I got about $5 million worth of action, whether that be media attention or regulatory action.”

This week Kramer was indicted in New Hampshire, and now faces five counts that include bribery, intimidation and suppression. Now that he’s been formally indicted, Kramer, likely heeding the advice of counsel, is significantly less chatty than he was earlier this year.

Whether he’s telling the truth about his intentions or not, Kramer has gotten his wish. The whole mess has prompted numerous new AI-related efforts by the historically somewhat feckless FCC. Back in February, the FCC proposed a new rule declaring such calls illegal under the Telephone Consumer Protection Act (TCPA), which it already uses to combat robocalls (often badly).

And this week, the FCC announced it would also be considering new rules requiring disclosure of the use of AI in political ads:

“As artificial intelligence tools become more accessible, the Commission wants to make sure consumers are fully informed when the technology is used,” [FCC boss Jessica] Rosenworcel said in a news release. “Today, I’ve shared with my colleagues a proposal that makes clear consumers have a right to know when AI tools are being used in the political ads they see, and I hope they swiftly act on this issue.”

We’ve explored in great detail how the FCC has been a bit of a feckless mess when it comes to the policing of robocalls. In part because it’s had its legal authority chipped away by industry lobbying and dodgy court rulings for years, but also because big telecom giants (affixed to our domestic surveillance apparatus) and “legit” marketing companies lobby revolving door regulators for rule loopholes.

Everything the FCC does, however wimpy, inevitably faces a major court challenge by corporations keen on making money off of whatever the FCC is trying to protect the public from. It’s why in the year 2024 scammers and scumbags have rendered our voice communications networks nearly unusable. Hopefully the FCC’s efforts to combat AI deep fake political robocalls results in a more productive outcome.