Political consultant behind AI-generated Biden robocalls faces $6 million fine, criminal charges

CONCORD, NH (AP) — A political consultant who sent automatic calls generated by artificial intelligence imitating President Joe Biden’s voice to voters before the New Hampshire presidential primary faces a $6 million fine and more than two dozen criminal charges.

The Federal Communications Commission said Thursday’s proposed fine for Steven Kramer is the first involving generative AI technology. The company accused of transmitting the calls, Lingo Telecom, faces a $2 million fine, although in both cases the parties could reach a settlement or negotiate further, the FCC said.

Kramer admitted to orchestrating a message that was sent to thousands of voters two days earlier the country’s first primary on January 23rd. The message played an AI-generated voice similar to that of the Democratic president, who used his phrase “What a bunch of nonsense” and falsely suggested that voting in the primaries would prevent voters from voting in November.

Kramer faces 13 criminal charges alleging he violated a New Hampshire law against trying to dissuade someone from voting by using misleading information. He also faces 13 misdemeanor charges accusing him of falsely representing himself as a candidate through his own conduct or the conduct of another person. The charges were filed in four counties and will be prosecuted by the State Attorney General’s Office.

Attorney General John Formella said New Hampshire is committed to ensuring its elections “remain free from unlawful interference.”

“I’m pleased to see that our federal partners are equally committed to protecting consumers and voters from harmful robocalls and voter suppression,” said Formella, who was appointed by Republican Gov. Chris Sununu.

Lingo Telecom said it strongly disagrees with the FCC’s action, which it called an attempt to impose new rules retroactively.

“Lingo Telecom takes its regulatory obligations extremely seriously and has fully cooperated with federal and state agencies to help identify the parties responsible for originating the New Hampshire robocall campaign,” the company said. “Lingo Telecom was not involved in any way in the production of these calls and the actions it took complied with all applicable federal regulations and industry standards.”

Kramer, who owns a company that specializes in get-out-the-vote projects, did not respond to an email seeking comment Thursday. He told the Associated Press in February that he was not trying to influence the outcome of the election, but rather wanted send a wake-up call about the potential dangers of artificial intelligence when he paid a magician from New Orleans $150 to create the recording.

“Maybe I’m a villain today, but I think in the end we will have a better country and a better democracy because of what I did, deliberately,” Kramer said in February.

Voter suppression carries a prison sentence of 3 1/2 to 7 years in prison. Impersonating a candidate is punishable by up to one year in prison.

In an interview days after he was publicly identified as the source of the calls, Kramer said he disagreed that his robocall suppressed voter turnout, noting that Biden won the Democratic primaries by a wide margin as a registered candidate. While doing some ballot access work for another former Democratic presidential candidate, Rep. Dean Phillips of Minnesota, Kramer said he acted alone.

“I wrestled in college. I’m ready for the fight,” said Kramer, who is scheduled to appear in court on June 5. “If they want to throw me in prison, good luck.”

Since the New Hampshire robocalls, the FCC has taken steps to combat the growing use of artificial intelligence tools in political communications. In February, he confirmed that AI voice cloning tools in robocalls are prohibited under existing legislation and, on Wednesday, introduced a proposal require political advertisers to disclose when they use content generated by artificial intelligence in radio and open television advertisements.

If adopted, the new rules would add a layer of transparency that many lawmakers and AI experts have called for, as Generative AI Tools Advancing Rapidly produce realistic images, videos and audio clips that threaten deceive voters in the upcoming US elections.

FCC Chairwoman Jessica Rosenworcel said Thursday that regulators are committed to helping states pursue perpetrators. In a statement, she called New Hampshire’s robocalls “erroneous.”

“Because when the caller sounds like a politician you know, a celebrity you like, or a family member you know, any of us could be led to believe something that isn’t true with calls using AI technology,” he said. her in a statement. “This is exactly how the bad actors behind these unwanted calls with manipulated voices want you to react.”

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Swenson reported from New York.