FCC Penalizes Political Consultant $6 Million for Deceptive Deepfake Robocalls

The Federal Communications Commission (FCC) has imposed a significant fine of $6 million on political consultant Steve Kramer for conducting illegal robocalls that utilized deepfake AI technology and caller ID spoofing during the New Hampshire primaries. Kramer must pay this penalty within 30 days, or the Department of Justice will initiate collection proceedings.

Kramer's actions violated the Truth in Caller ID Act, enacted in 2009, which prohibits knowingly transmitting misleading caller identification information with intent to defraud or cause harm. Although the law predates the rise of artificial intelligence, the FCC unanimously voted in February to extend its applicability to deepfake technology.

These fraudulent robocalls featured a deepfake audio impersonation of President Biden, misleading New Hampshire voters as the primary election approached. The false message advised voters not to participate in the primary, stating, “Your vote makes a difference in November, not this Tuesday.” Additionally, the calls were manipulated to appear as if they originated from the former chairwoman of the New Hampshire Democratic Party.

Kramer enlisted New Orleans magician Paul Carpenter to produce the fake recordings. Carpenter demonstrated to NBC News how he used an AI voice generator, ElevenLabs, to create the deepfake audio in approximately 20 minutes. He stated that he received payment through Venmo and believed the project was sanctioned by Biden’s campaign. ElevenLabs has since disabled Carpenter’s account.

Kramer claims his intention behind the robocalls was to highlight the potential dangers and abuses of this technology. While his endeavor cost him just $500, he asserts it garnered substantial exposure, amounting to “$5 million worth of exposure.” He added, “I kept myself anonymous so the regulations could just play themselves out. I don’t need to be famous. My intention was to make a difference.”

In addition to facing the substantial FCC fine, Kramer also confronts legal repercussions. New Hampshire Attorney General John M. Formella announced last May that Kramer is charged with 13 felony counts of voter suppression and 13 misdemeanor counts of impersonating a candidate.