Part III — AI Case Study · Chapter 18 of 25
Legal Implications
3 min read
The New Hampshire AI robocall incident demonstrates that while artificial intelligence represents a new communication technology, the legal responsibilities governing digital communication remain firmly established. Organizations cannot assume that the use of AI changes their legal obligations. Instead, existing communication laws continue to apply regardless of whether content is created by a human author or generated with artificial intelligence. This principle is especially important for organizations like Draconic Realms Creations because every article, video, advertisement, educational guide, website update, and social media post published under the company's name reflects its legal and professional responsibility (Moore et al., 2022).
One of the primary legal concerns in this case was the intentional use of artificial intelligence to impersonate another individual. The AI-generated recording falsely represented itself as an authentic communication from President Joe Biden. This was not merely the expression of a political opinion; it involved creating a false identity intended to influence public behavior. Communication law has long distinguished protected speech from deceptive conduct. While opinions generally receive strong constitutional protection, intentionally misleading audiences by falsely representing the identity of a speaker may violate both federal and state law (Associated Press, 2024).
The investigation also highlighted the continued importance of the Telephone Consumer Protection Act (TCPA), which regulates automated telephone communications throughout the United States. Congress enacted the TCPA long before generative artificial intelligence existed, yet its protections remain applicable because the law focuses on the communication itself rather than the technology used to produce it. Following the New Hampshire incident, the Federal Communications Commission clarified that AI-generated voices fall within existing restrictions governing artificial or prerecorded voice messages used in robocalls. This clarification established that organizations cannot avoid liability simply by replacing a human recording with an AI-generated voice (Federal Communications Commission [FCC], 2024).
Another significant legal issue involved caller identification spoofing. According to investigators, the robocalls concealed their true origin by transmitting misleading caller identification information. Federal law prohibits knowingly transmitting inaccurate caller identification information when the intent is to deceive, cause harm, or commit fraud. By combining AI voice cloning with caller ID spoofing, those responsible created multiple layers of deception that increased both their legal exposure and the potential harm experienced by recipients. This demonstrates why transparency remains one of the most important legal responsibilities in modern digital communication (FCC, 2024).
Beyond telecommunications law, this incident illustrates several additional legal risks that organizations should consider whenever artificial intelligence is incorporated into communication strategies. AI-generated content may expose organizations to claims involving defamation, invasion of privacy, false advertising, consumer deception, copyright infringement, trademark violations, and violations of an individual's right of publicity when a person's voice or likeness is used without permission. These risks are particularly relevant for organizations that create digital media because AI systems can rapidly generate content that appears authentic without independently verifying its legal or factual accuracy (Moore et al., 2022).
As I developed the Draconic Realms Creations Digital Communication Law Handbook, one objective was to prepare employees for situations exactly like this. The handbook's Best Legal Practices require every employee to verify information before publication, respect intellectual property, protect personal privacy, accurately identify communication sources, comply with applicable communication laws, and carefully review all AI-generated material before it reaches the public. Had those practices been followed during the New Hampshire incident, the deceptive communication likely would never have been distributed. This demonstrates that effective legal compliance begins long before publication through thoughtful planning, responsible leadership, and organizational accountability (Bryden, 2026).
The New Hampshire AI robocall incident ultimately reinforces an important lesson that extends beyond this single case. Artificial intelligence may continue changing the tools available to communication professionals, but it does not change the ethical or legal responsibility attached to every published message. At Draconic Realms Creations, I believe technology should always serve people—not replace human judgment. Every employee should understand that legal compliance is not simply about avoiding lawsuits or regulatory penalties; it is about protecting the trust that customers, students, clients, and communities place in our organization. Maintaining that trust is one of the most valuable assets any communication professional can possess.