Trial Commences for Political Consultant over AI-Generated Robocalls Impersonating Biden

The trial of a Democratic political consultant, Steve Kramer, has commenced as he faces serious legal repercussions for sending out artificial intelligence-generated robocalls that impersonated President Biden. This incident occurred in the lead-up to the 2024 New Hampshire primary.

Kramer is confronted with a staggering $6 million fine and over two dozen criminal charges. His actions included hiring a magician to create a deepfake audio of President Biden urging New Hampshire voters to abstain from participating in the primary.

In a significant move, the Federal Communications Commission has proposed fines that mark the first legal actions concerning AI technology in this context.

Legal Challenges for Kramer and Lingo Telecom

The telecommunications company implicated in distributing the calls, Lingo Telecom, is also under scrutiny. They face a proposed fine of $2 million. However, both Kramer and Lingo Telecom may seek to negotiate or settle these charges, as indicated by the FCC.

Kramer has openly admitted to orchestrating the misleading message, which was disseminated to thousands of voters just two days before the critical primary scheduled for January 23, 2024.

New Hampshire’s Primary Status

The timing of the New Hampshire primary raised eyebrows, as it did not comply with the Democratic National Committee’s official 2024 presidential nominating calendar. This noncompliance led to President Biden’s exclusion from the ballot, prompting local Democrats to initiate a write-in campaign to mitigate potential electoral embarrassment for the incumbent president, who is vying for a second term.

The robocall specifically featured caller IDs that appeared to originate from Kathy Sullivan, the former chairperson of the New Hampshire Democratic Party, who was actively promoting the pro-Biden write-in initiative.

Content of the Misleading Calls

In a recording obtained by NBC News, the voice claiming to be Biden stated, “What a bunch of malarkey. You know the value of voting Democratic when our votes count. It’s important that you save your vote for the November election.” The message continued, emphasizing, “We will need your help in electing Democrats up and down the ticket. Voting this Tuesday only enables Republicans in their quest to elect Donald Trump again. Your vote makes a difference in November, not this Tuesday.”

According to investigations by NBC, these deceptive calls managed to reach between 5,000 and 25,000 individuals.

Felony and Misdemeanor Charges

Kramer now faces 13 felony charges for allegedly violating New Hampshire’s laws prohibiting attempts to deter voters through misleading information. Additionally, he is charged with 13 misdemeanors for falsely misrepresenting himself as a candidate through his actions or the actions of others. These charges were filed across four counties and will be prosecuted by the state attorney general’s office.

Kramer’s Justification and Background

In previous statements made to local news outlet News 9, Kramer portrayed his actions as a provocative stunt aimed at highlighting the urgent need for regulations on AI technology. He remarked, “Maybe I’m a villain today, but I think, in the end, we get a better country and better democracy because of what I’ve done, deliberately.”

Previously, Kramer gained experience as a get-out-the-vote specialist. He was affiliated with the campaigns of former Democratic presidential hopeful Representative Dean Phillips of Minnesota and also worked on Kanye West’s unsuccessful presidential bid in 2020. In the aftermath of this incident, Phillips has distanced himself from Kramer, who claims he acted independently.

The Role of the Magician

Paul Carpenter, a magician based in New Orleans, has admitted to producing the deepfake audio for a mere $1, while Kramer reportedly paid him $150 for this task. Carpenter stated, “I created the audio used in the robocall. I did not distribute it. I was in a situation where someone offered me some money to do something and I did it. There was no malicious intent. I didn’t know how it was going to be distributed.”

Investigations Prompted by the Incident

The controversy surrounding these robocalls led New Hampshire Attorney General John Formella to initiate an investigation. Formella confirmed that investigators pinpointed Life Corp, a Texas-based entity, as the source of the deceptive calls, while Lingo Telecom acted as the distributor.

In response to the allegations, Lingo Telecom expressed strong disagreement with the FCC’s actions, labeling them an effort to retroactively impose new regulations. They stated, “Lingo Telecom takes its regulatory obligations extremely seriously and has fully cooperated with federal and state agencies to assist with identifying the parties responsible for originating the New Hampshire robocall campaign.” They further asserted, “Lingo Telecom was not involved whatsoever in the production of these calls and the actions it took complied with all applicable federal regulations and industry standards.”

Looking Ahead

This unprecedented case raises critical questions about the intersection of AI technology and electoral integrity, as the legal proceedings unfold. As the trial continues, the public will watch closely to understand the implications of this case for future elections and the regulation of emerging technologies.