In a recent development, New Hampshire Attorney General John Formella, a Republican, has traced back robocalls featuring an "AI-generated clone" of President Biden's voice, which discouraged voters from participating in the state's primaries last month, to two Texas-based companies.
The Attorney General has pledged to take potential federal and state action to safeguard election integrity.
Formella held a press conference in Concord, where he detailed the events of January 21, two days prior to the primary on January 23. He said, "Numerous New Hampshire voters received robocalls that played a recorded message and what is believed to be an AI-generated clone of President Bidens voice." The robocalls, he explained, were designed to dissuade recipients from participating in the primary.
The calls stated, "Its important that you save your vote for the November election," and added, "Your vote makes a difference in November, not this Tuesday," according to Formella.
Formella further revealed that the robocalls had illegally spoofed their caller ID information to appear as if they were coming from a number belonging to the former chair of the New Hampshire Democratic Party. The recorded message also instructed recipients to call that number to request removal from future calls.
Formella's office, in collaboration with the Anti-Robocall Multistate Litigation Task Force and the Federal Communications Commission Enforcement Bureau, launched an investigation immediately after receiving multiple reports and complaints. The Election Law Unit requested "tracebacks" via an entity known as Industry Traceback Group after identifying specific calls.
Formella said, "After looking at these tracebacks and reviewing the information received, we have identified the source of these calls to be Life Corporation, a Texas-based company owned by an individual named Walter Monk. The tracebacks also identified the originating source provider as Lingo Telecom, a Texas-based service provider. Other entities who are not necessarily responsible for the calls, but who we believe also have pertinent information have also been identified."
Upon being informed of the investigation, Lingo Telecom suspended services to Life Corporation. Formella warned that individuals or entities involved in placing these calls could face potential civil and criminal penalties under several New Hampshire laws, including those prohibiting voter suppression. Federal penalties could also be imposed under the Truth and Caller ID Act of 2009 and the Telephone Consumer Protection Act.
The New Hampshire Department of Justice issued a cease-and-desist letter to Life Corporation on Tuesday, ordering the company to immediately stop violating New Hampshire election laws. Formella's office has also opened a criminal investigation, with the next steps including sending document preservation notices and subpoenas to Life Corporation, Lingo Telecom, and any other individual or entity believed to have relevant information.
Formella stated, "We will continue our work to identify and hold all individuals or companies who may be responsible for these acts accountable, and we are keeping all enforcement options on the table."
The FCC also issued a cease-and-desist order to Lingo Telecom on Tuesday, demanding that it immediately stop allowing illegal robocall traffic on its platform. Formella added, "Further enforcement action from the FCC remains on the table pending investigation."
The attorney general anti-robocall task force is also issuing a warning letter and preparing for potential civil litigation against Life Corporation and any other involved entity. Formella said that New Hampshire would co-lead any civil or criminal action resulting from the investigation.
Formella expressed gratitude to the attorneys general of North Carolina, Ohio, and Indiana for their bipartisan collaboration in addressing threats to the electoral process. He also thanked YouMail and Nomorobo, companies that help collect data on illegal robocalls.
Formella emphasized the importance of public confidence in the electoral process, stating, "Ensuring public confidence in the electoral process is vital, and in law enforcement I can say its one of our highest priorities." He added, "We will not tolerate any action that seeks to undermine the integrity of our election and our democratic process."
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