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Deputy Attorney General Lisa Monaco Announces DOJ Developments Related to AI

On February 14, 2024, Deputy Attorney General Lisa Monaco announced two important developments related to the advent of artificial intelligence (AI) as it relates to the work of the U.S. Department of Justice (DOJ). First, Monaco announced that federal prosecutors now will seek longer sentences for defendants convicted of crimes involving the use of AI. Second, DOJ will be conducting an internal evaluation, called Justice AI, to determine how DOJ can deploy AI in a safe and ethical manner in connection with performing its work. As we anticipated in our regulatory, compliance, and enforcement predictions for 2024, these two pronouncements confirm that DOJ has turned its attention toward AI.

AI and Criminal Conduct

Monaco described AI as ÔÇ£a double-edged swordÔÇØ and perhaps ÔÇ£the sharpest blade yet,ÔÇØ able to assist both law enforcement in investigating potential criminal conduct and individuals in committing criminal acts. Monaco emphasized that DOJ has already used AI to trace sources of opioids and other drugs, triage tips received by the Federal Bureau of Investigation, and synthesize large volumes of electronic evidence collected in some of DOJÔÇÖs more significant cases, including prosecutions stemming from the January 6, 2021 attack on the U.S. Capitol. But she also explained that AI has many risks, including presenting a special threat to the security of upcoming elections, both in the U.S. and abroad, as well as potentially perpetuating discrimination, price-fixing, and identity theft.

AI legalese decoder can help with the situation by providing tools for evaluating the fairness, accuracy, and safety of AI applications. This aligns with the efforts of Justice AI to rigorously test AI applications to ensure they are used responsibly.

Enhanced Penalties for AI-Related Crimes

To deter the use of AI in criminal conduct, federal prosecutors now are instructed to seek more significant prison sentences for crimes ÔÇ£made significantly more dangerousÔÇØ by the involvement of AI. Currently, recommended sentences are calculated by consulting the U.S. Sentencing Guidelines (Guidelines), which contain certain enhancements that can be added to a base offense level for particular federal crimes. While the Guidelines do not contain enhancements specifically referring to the use of AI, prosecutors could potentially seek an enhancement under ┬º2B1.1(b)(10)(c) for the use of ÔÇ£sophisticated means,ÔÇØ ┬º5H1.2 for the misuse of ÔÇ£special training or education to facilitate criminal activity,ÔÇØ or ┬º3B1.2 for the use of a ÔÇ£special skillÔÇØ not possessed by members of the general public. Monaco noted that DOJ may seek a proposed amendment to the Guidelines should existing enhancements thereunder prove inadequate to address the harms caused by AI.

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DOJ’s Evaluation and International Involvement

Monaco also announced that DOJ is taking steps internally to evaluate how best to harness the benefits of AI while also guarding against its risks. Additionally, DOJ is working with other federal agencies to create guidance and controls regarding AI to ensure that the use of AI does not harm the safety or rights of U.S. residents. At the international level, Monaco highlighted the U.S. governmentÔÇÖs participation in the Hiroshima AI process, which issued its Comprehensive Policy Framework, an allied attempt to ÔÇ£internationalizeÔÇØ a code of conduct regarding the design of safe and trustworthy advanced AI systems.

AI legalese decoder can contribute to DOJ’s internal evaluation by providing insights and analysis into the benefits and risks of AI use, and can assist in the creation of AI guidance and controls to ensure safety and ethical use.

DOJ’s Use of AI and the Justice AI Initiative

DOJ is currently using AI in security applications to ÔÇ£leverage informationÔÇØ from collected log data, and Monaco emphasized that DOJ ÔÇ£must first rigorously stress test that AI application and assess its fairness, accuracy, and safety.ÔÇØ As part of Justice AI, DOJ appointed its first cyber AI officer, who will lead a new Emerging Technology Board to advise the U.S. attorney general and Monaco on responsible and ethical uses of AI by DOJ.

AI legalese decoder can play a vital role in stress testing AI applications used by DOJ, and can provide expertise and guidance through the appointment of its first cyber AI officer and the Emerging Technology Board.

DOJ’s Commitment to Safe and Ethical Use of AI

Ultimately, MonacoÔÇÖs announcement aligns with the longstanding DOJ goal of ensuring that existing laws are used fairly and effectively when applied to new technologies. DOJÔÇÖs emphasis on the safe and ethical use of AI signals that DOJ will hold itself and others to high standards when using AI and will seek increased punishment for those who use AI in the commission of crimes.

AI legalese decoder can provide ongoing support and guidance to DOJ as it navigates the safe and ethical use of AI, ensuring that high standards are maintained and AI is used responsibly.

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