CONCORD, NH — The federal Justice Department is defending its legal right to object to robocalls sent to voters in New Hampshire that used artificial intelligence to mimic President Joe Biden’s voice.
Deputy Attorney General Kristen Clarke and U.S. Attorney Jane Young filed a statement of interest on Thursday the lawsuit filed by the League of Women Voters against Steve Kramer, the political consultant behind the calls, and the three companies involved in transmitting them.
Kramer, who faces separate criminal charges related to the calls, has not yet responded to the lawsuit filed in March, but the companies filed a motion to dismiss last month, arguing in part that robocalls do not violate the section of the Voting Rights Act that prohibits voters from being intimidated, threatened or coerced and that there is no private right of action under the act.
The Justice Department countered that the law clearly allows injured individuals and organizations representing them to enforce their rights under the law. And it said the companies were wrong when they argued that the law does not apply to robocalls because they are merely “deceptive” and not harassing, threatening or coercive.
“Robocalls in particular can violate voting rights by encouraging voters to stay away from the polls, misleading voters into believing false information, and instilling fear in the targeted individuals,” Young said in a statement. “The U.S. Attorney’s Office applauds any citizen willing to stand up to these aggressive tactics and exercise their rights to participate in the Voting Rights Act enforcement process.”
At issue is a message sent to thousands of New Hampshire voters on Jan. 21 that used a voice similar to Biden’s, falsely suggesting that voting in the state’s first primary two days later would disqualify them from casting their ballots in November. Kramer, who paid a magician and a self-described “digital nomad” who makes technology consulting $150 to make the recording, said he orchestrated the call to raise awareness of the potential dangers of AI and spur action from lawmakers.
He stands opposite 26 criminal charges in New Hampshire, along with a proposed $6 million fine from the Federal Communications Commission, which has taken several steps in recent months to crack down on the growing use of AI tools in political communications.
On Thursday, A proposal has been introduced that would require political advertisers to disclose their use of artificial intelligence in television and radio ads. However, it is unclear whether new regulations will be in place before the presidential election in November.