by William Savitt, Mark F. Veblen, Noah B. Yavitz, and Courtney D. Hauck
In response to a recent boom in AI-powered robocall scams, the U.S. Federal Communications Commission announced yesterday a Declaratory Ruling confirming that the Telephone Consumer Protection Act, which regulates telemarketing and robocalls, also applies to calls using AI-generated voices. Other federal agencies and state legislatures have similarly moved to police the use and abuse of audio “deepfakes” — in which widely available tools can be used to generate realistic voice simulations from brief recordings. As technology continues to outpace regulation, boards must embrace a proactive approach to risk management, accounting for AI’s capacity to compromise long-standing practices in cybersecurity and internal controls.