According to the Pew Research Center, approximately 63 percent of US adults believe that false or altered videos create confusion about the basic facts of current issues, and roughly three-quarters of U.S. adults (77%) say steps should be taken to restrict altered videos and images that are intended to mislead. In response to these concerns, numerous state and federal lawmakers have focused the potential risks that come with generative artificial intelligence (AI) technology, even as countless companies seek to incorporate software tools that employ it to one degree or another, AI regulation is needed.
At the federal level, no less than six legislative proposals have been introduced by various members of the House of Representatives and the Senate that seek to curb the use of AI, all of which are briefly summarized below. The first three bills directly address the use of AI in a telemarketing context, while the others seek to regulate the use of AI when used in the context of intellectual property, financial services, and government.
The Do Not Disturb Act Regarding AI Regulation
Introduced on January 29, 2024 as House Bill 7116, the Do Not Disturb Act requires mandatory disclosures for robocalls that employ AI technology, and provides enhanced penalties for violations involving AI voice calls or text messages sent in an effort to impersonate a particular individual.
The QUIET Act on AI Regulation
Introduced as House Bill 7123 on the same day as the Do Not Disturb Act, the Quashing Unwanted and Interruptive Electronic Telecommunications (QUIET) Act seeks to amends the Communications Act of 1934 to require disclosures with respect to robocalls using AI and to impose enhanced penalties for certain violations involving AI voice or text message impersonation.
The RU REAL Act for AI Regulation
Introduced as House Bill 7120 on the same day as the previous bills, the Restrictions on Utilizing Realistic Electronic Artificial Language (R U REAL) Act directs the Federal Trade Commission (FTC) to revise the Telemarketing Sales Rule (TSR) to require disclosures for telemarketing calls that utilize AI and to impose enhanced penalties for violations involving AI voice or text message impersonation.
The No AI FRAUD Act
Introduced as House Bill 6943 on January 10, 2024 as the No Artificial Intelligence Fake Replicas And Unauthorized Duplications (AI FRAUD) Act of 2024, this bill addresses the use of AI deepfake software and its ability to misappropriate a particular voice and likeness for promotional or other purposes, such as creating a false celebrity endorsement, or promoting a song that features an AI-generated voice of a popular artist. The act grants every individual an intellectual property right in their own likeness and voice and includes a private right of action that enables those whose voice or likeness was appropriated without their consent to sue the perpetrator in civil court, with minimum statutory damages of $50,000.
The FAIRR Act on AI Regulation
Introduced on December 18, 2023 as Senate Bill 3554, the Financial Artificial Intelligence Risk Reduction (FAIRR) Act seeks to amends the Financial Stability Act of 2010 to provide the Financial Stability Oversight Council with duties regarding AI in the financial sector, namely to coordinate with other agencies to identify and address the potential risks posed by AI to the stability of the financial system.
The Federal Artificial Intelligence Risk Management Act of 2024
Introduced on January 10, 2024 as House Bill 6936, the Federal Artificial Intelligence Risk Management Act would require federal agencies to use the Artificial Intelligence Risk Management Frameworkdeveloped by the National Institute of Standards and Technology with respect to the use of artificial intelligence.
Most proposed legislation winds up withering in committee before eventually dying a quiet death, but the likelihood of at least one of these bills becoming law is far higher, and this holds especially true for the bills targeting AI used in connection with a marketing call or text message. The fact that they were proposed concurrently by several different lawmakers and seek to regulate what is becoming an increasingly hot-button issue, makes the eventual passage of at least one of them even more likely.
