When Granite State Democrats got robocalls from a fake Joe Biden on the eve of the First in the Nation presidential primary, it was strange.
Now the story has gotten expensive.
On Thursday, the Federal Communications Commission issued a $6 million fine against longtime Democratic political operative Steve Kramer of New York for the illegal phone calls that used a deep-fake Joe Biden voice to discourage Democrats from voting in the primary. Kramer’s fake Biden called an estimated 5,000 New Hampshire voters two days before the primary, telling them to stay home and “save your vote” for November.
“Kramer will be required to pay the fine within 30 days or the matter will be promptly referred to the U.S. Department of Justice for collection,” according to an FCC statement.
New Hampshire Attorney General John Formella, who led the effort to uncover the people behind the AI-generated call, praised the FCC’s actions.
“It is imperative that state and federal elections remain free from unlawful interference. New Hampshire and its federal and state partners have shown that we are all similarly committed to protecting consumers and voters from harmful robocalls and voter suppression,” Formella said. “I expect that the FCC’s enforcement action will send a strong deterrent signal to anyone who might consider interfering with elections, whether through the use of unlawful robocalls, artificial intelligence, or any other means.”
Formella has charged Kramer on multiple counts of violating the state’s felony voter suppression and misdemeanor impersonation of a candidate laws.
The company that delivered the calls, Lingo Telecom, reached a deal with the FCC last month. It agreed to pay a $1 million penalty and “implement a first-of-its-kind compliance plan,” according to the agency.
“The misuse of generative AI technology and spoofing to interfere in elections undermines the foundation of our democracy and poses a significant threat, the full scope of which is yet to be determined,” said Loyaan A. Egal, Chief of the Enforcement Bureau and chair of the Privacy and Data Protection Task Force. “Today’s significant penalty sends a clear message to bad actors that the abuse of this technology will not be tolerated.”
Last month, the Commission reached a separate settlement with Lingo Telecom. The company agreed to pay a $1 million civil penalty and implement a first-of-its-kind compliance plan.
While the legal aspects of this political dirty trick move toward a resolution, a key question remains unresolved: What was the point?
At the time he hired a New Orleans street magician to make the fake Biden call, Kramer was working for longshot Democratic presidential candidate U.S. Rep. Dean Phillips (D-Minn.) Phillips denied any knowledge of the scheme and there has been no allegation suggesting any involvement.
But political professionals remain puzzled by the strategy behind the calls. How would discouraging a few thousand Democrats from voting help Phillips, whose candidacy had long been written off before the primary? (Phillips was unable to win 20 percent of the vote in the New Hampshire primary, despite Biden’s name not even appearing on the ballot.)
When he was first caught, Kramer claimed he pulled the stunt to shine a light on the dangers posed to America’s electoral system by artificial intelligence and other new technologies.
But according to The New York Times, the street magician who generated the voice said Kramer told him it was a trial run for possible efforts on behalf of future candidates.
“Secure, trustworthy, and transparent elections are the cornerstone of our democratic system at both the federal and state levels. It is imperative that our elections remain free from unlawful interference,” Formella said. “The State of New Hampshire, working closely with the FCC, as well as our other federal and state partners, has demonstrated a unified commitment to protecting voters from harmful robocalls and voter suppression tactics.”
