The consultant, Steven Kramer, is also facing over two dozen criminal charges.

The FCC's proposed fine marks the first instance of using generative AI technology in such illegal activities. Lingo Telecom, the company accused of transmitting the robocalls, is also facing a $2 million fine. However, both parties have the option to negotiate or settle with the FCC.

Kramer has admitted to being behind the AI-powered message that was sent to thousands of voters just two days before New Hampshire's presidential primary on January 23. The robocalls featured an AI-generated voice resembling President Biden and included his well-known phrase, "What a bunch of malarkey." The calls falsely suggested that voting in the primary would prevent voters from casting their ballots in November.

The charges against Kramer are significant, with 13 felony charges alleging that he violated a New Hampshire law against attempting to deter voters using misleading information. Additionally, he faces 13 misdemeanor charges of falsely representing himself or another person as a candidate. The charges have been filed across four counties and will be prosecuted by the state attorney general's office.

So far, neither Lingo Telecom nor Kramer have provided any comments or responses to the charges. Previously, Kramer claimed that his intention was not to manipulate the election but rather to raise awareness about the potential dangers of AI technology. He had paid a magician in New Orleans $150 to create the AI-generated recording.

Lingo Telecom, on the other hand, stated that it is committed to upholding customer care standards and complying with all regulatory obligations. The company promptly cooperated with the investigation once it was informed about the scam calls.

FCC Chairwoman Jessica Rosenworcel emphasized the agency's commitment to assisting states in prosecuting such offenders. She expressed her concern over the "unnerving" nature of robocalls that utilize AI-generated voices, cautioning individuals to be vigilant against being misled by such calls.

Following New Hampshire's primary, the FCC took action and prohibited robocalls containing voices generated by artificial intelligence. In a subsequent interview, Kramer argued against claims that his robocall suppressed voter turnout, highlighting that President Biden emerged as the clear winner in the Democratic primary as a write-in candidate. He also asserted that he had acted alone, despite having been involved in ballot access work for another Democratic presidential candidate, Rep. Dean Phillips of Minnesota.

As this case unfolds, it serves as a reminder of the potential misuse of AI technology and the impact it can have on democratic processes. The outcome of the charges against Kramer and the potential penalties imposed will likely shape future regulations surrounding AI-generated content and its use in political campaigns.