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Decoding DOJ's New 'Justice AI' Initiative

By James D. Gatta, Allan J. Medina and Ian Q. Rogers
March 01, 2024

"[W]e're at an inflection point with AI," Deputy Attorney General Lisa O. Monaco said during a recent speech at Oxford University, where she discussed the "promise and peril" of artificial intelligence (AI). See, U.S. Dep't. of Just., "Deputy Attorney General Lisa O. Monaco Delivers Remarks at the University of Oxford on the Promise and Peril of AI" (Feb. 14, 2024) (Monaco Oxford Address). Monaco — second in command at the Department of Justice (DOJ or the Department) — used the speech to preview DOJ's ambitious plans to combat the misuse of AI, which she called "the ultimate disruptive technology." Id.

"AI can lower the barriers to entry for criminals," the Deputy Attorney General continued, and "creat[e] new opportunities" that "supercharg[e] the threat[s]" posed by any number of already serious crimes. Id. That is why, under Monaco's direction, DOJ is "laser-focused" on addressing the "accelerating risks" AI creates when misused toward criminal ends. Id. For example, Monaco asserted that federal prosecutors will "seek stiffer sentences for offenses made significantly more dangerous by the misuse of AI," and said that where the Department perceives "gap[s]" in the current state of the law, it will lead the reform efforts to close them. Id. In sum, Monaco advised that the DOJ has placed AI at "the very top" of its "enforcement priority list" and intends to "move quickly," to address its risks. Id.

In addition to its potential for disruption and misuse, Monaco's speech also explored the ways in which AI already has aided, and how it may continue to aid, DOJ's core law enforcement mission. For example, she announced the creation of Justice AI, the latest among several initiatives in recent years under the Department's wider cybersecurity programs. See, U.S. Dep't of Just., "Information Technology Strategic Plan for Fiscal Years 2022-2024,"; see generally, U.S. Dep't of Just., "Artificial Intelligence Strategy for the U.S. Department of Justice" (Dec. 2020). Monaco explained that the Justice AI initiative will be used to seek input from experts in both the public and private sectors on how DOJ can "identify, leverage, and govern [AI's] positive uses while taking measures to minimize its risks." Monaco Oxford Address, supra note 2. The initiative's findings, in turn, will form the basis of an official DOJ report on AI, which President Biden ordered the Department to prepare pursuant to "Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence," a 2023 presidential executive order. See, "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" (Oct. 30, 2023).

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