Speaking during a virtual press conference, Gillibrand said Americans receive about 4 billion robocalls each month nationwide and, as artificial intelligence (AI) grows more sophisticated, so do phone scams.
The Deter Obnoxious, Nefarious, and Outrageous Telephone Calls Act — also known as the DO NOT Call Act — would strengthen criminal penalties for violating telemarketing regulations, including up to three years in prison for repeated violations. The bill would also double the fine for falsifying caller ID information from $10,000 to $20,000.
Would-be scammers have long used the tactic of impersonating someone to steal money from victims, but now AI technology allows cybercriminals to use the technology to impersonate a family member or another loved one. Social media platforms like TikTok and messaging platforms like WhatsApp allow criminals to record voices that they can then clone and manipulate to suit their needs. A McAfee report released in May found one-quarter of adults surveyed globally have experienced an AI voice scam.
They often use "old-school" tactics of impersonating a family member calling someone for money because they, for example, have car issues or have had an accident, lost their wallet or phone or are one vacation abroad and need help. These types of scams typically target the elderly, who do not understand the technology that enables them. Gillibrand said these tactics of using AI are from international criminal networks that can be highly sophisticated.
"Having AI be able to generate the voice of your grandson or your sister or your mother is terrifying. So, it's hard to find these criminals," Gillibrand said. "Most seniors who have fallen prey to any of these scams have lost their money for good, rarely are we able to actually get the perpetrator. So, that's why we're giving more tools to law enforcement. That's why we're raising the fines. We're making it a much more serious crime and this will help hopefully law enforcement be able to catch some of these criminals."
Gillibrand said the legislation is an important step forward in the effort to deter illegal robocalls.
"Don't dial if you don't want to go to trial," the Democrat said. "But, there's still more we need to do to address the rise of generative AI. I'm sending a letter to the chair of the Federal Trade Commission requesting information about its work to track the increasing use of artificial intelligence to perpetrate frauds and scams against older Americans. While public reporting indicates that more families are being targeted by voice clones in family-emergency scams, the number of Americans targeted by scammers using generative AI remains unknown."
Earlier this month, the Federal Communications Commission announced it will pursue an inquiry to study the impact of artificial intelligence on robocalls and robotexts and is evaluating how it can also use AI technology to combat the problem.
Gillibrand said she hopes to get both Republican and Democratic co-sponsors to push the bill forward, as people on both sides of the aisle are alarmed by the incidents. Gillibrand advised New Yorkers, especially older residents, to be cautious and aware of the problem. She said she's also weighing other legislation that would create a responsibility for banks and tellers to ask a set of standardized questions if an elderly person goes to a bank and wants to take out, say, $10,000 when that is not a usual practice.
"If [they have] never done that before, to have a series of questions that the teller can ask to say, 'Are you taking this out for a reason? Is there an emergency? Have you verified the emergency with a loved one? Would you like me to help you verify the emergency?'" Gillibrand explained. "I want to come up with some legislation to focus our tellers on good questions they can ask that don't violate their privacy or make them feel unsure of themselves or insecure, but just protective questions."
© 2023 The Daily Gazette, Schenectady, N.Y. Distributed by Tribune Content Agency, LLC.
