New Hampshire jury acquits consultant behind AI robocalls mimicking Biden on all charges

FILE - Steve Kramer is seated June 5, 2024, at Superior Court, in Laconia, N.H., during his arraignment in connection with charges of voter suppression and impersonating a candidate. (AP Photo/Steven Senne, Pool)

A political consultant who sent artificial intelligence-generated robocalls mimicking former President Joe Biden to New Hampshire Democrats last year was acquitted Friday of voter suppression and impersonating a candidate.

Steven Kramer, 56, of New Orleans, admitted orchestrating a message sent to thousands of voters two days before the state鈥檚 Recipients heard an AI-generated voice similar to the Democratic president鈥檚 that used his catchphrase 鈥淲hat a bunch of malarkey鈥 and, as prosecutors alleged, suggested that voting in the primary would preclude voters from casting ballots in November.

鈥淚t鈥檚 important that you save your vote for the November election,鈥 voters were told. 鈥淵our votes make a difference in November, not this Tuesday.鈥

Kramer, who would have faced decades in prison if convicted, testified that he wanted to about the potential dangers of AI when he paid $150 to create the recording. He was getting frequent calls from people using AI in campaigns, and, worried about the lack of regulations, made it his New Year鈥檚 resolution to take action.

鈥淭his is going to be my one good deed this year,鈥 he recalled while testifying in

Prosecutors argued the calls amounted to an attack on the integrity of the primary, while Kramer鈥檚 defense tried to direct outrage at the Democratic 春色直播 Committee instead.

At Biden鈥檚 request, from its traditional early spot in the 2024 nominating calendar, but later dropped its threat not to seat the state鈥檚 national convention delegates. Biden did not put his name on the ballot or campaign there, but won as a write-in.

Kramer, who owns a firm specializing in get-out-the-vote projects, argued that the primary was a meaningless straw poll unsanctioned by the DNC, and therefore the state鈥檚 voter suppression law didn鈥檛 apply. The defense also said he didn鈥檛 impersonate a candidate because the message didn鈥檛 include Biden鈥檚 name, and Biden wasn鈥檛 a declared candidate in the primary.

Jurors apparently agreed, acquitting him of 11 felony voter suppression charges, each punishable by up to seven years in prison. The 11 candidate impersonation charges each carried a maximum sentence of a year in jail.

鈥淥ur commitment to enforcing election laws remains steadfast," New Hampshire Attorney General John M. Formella said in a statement. 鈥淲e will continue to work diligently to address the challenges posed by emerging technologies, including artificial intelligence, to protect the integrity of our elections.鈥

Kramer also faces a $6 million fine by the Federal Communications Commission, but he told The Associated Press that he won鈥檛 pay it. Lingo Telecom, the company that transmitted the calls, agreed to pay $1 million in a settlement in August.

The agency, which did not respond to requests for comment, was developing AI-related rules when Donald Trump won the presidency, but it has since shown signs of a possible shift toward loosening regulations. And though many states have enacted legislation regulating AI deepfakes in political campaigns, House Republicans in Congress recently added a clause to their signature tax bill that would ban states and localities from regulating artificial intelligence for a decade.

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