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How Will Criminal Law Enforcement Be Able to Police the Improper Use of AI?
The evolution of artificial intelligence (AI) continues at a torrid pace, with each new iteration exponentially more powerful than the last. What is now clear is that AI is much more than just another new technology, but is, instead, a transformative tool that promises fundamentally to change the way people live and work. Not wanting to be left behind, companies from across a wide range of industries are racing to find ways to adopt AI to make their businesses more productive, more efficient, and more profitable. At the same time, government regulators have taken note of not only the great potential benefits of AI, but also the tremendous damage that AI can cause. Several U.S. regulators have already started issuing policies and rules governing the safe use of AI to help prevent these potential negative consequences, such as fraud, discrimination, and data intrusions.
Questions remain, however, on how criminal law enforcement will be able to police the improper use of AI. That task will be particularly challenging where the legal violations result from AI-driven decision-making rather than intentional human actions.
The Department of Justice's Focus on Artificial Intelligence
The Department of Justice (DOJ) has already begun discussing how it will approach crimes committed with AI. In a February 2024 speech at Oxford University, Deputy Attorney General (DAG) Lisa Monaco explained that AI "may well be the most transformational technology we've confronted yet," but stated this did not mean that the DOJ needed to change its approach to investigating and prosecuting such crimes. As she explained, "new technologies don't necessarily demand new structures." The DAG analogized the current threats posed by AI to those associated with the arrival of the Internet, explaining that as criminals adopted the Internet, prosecutors had "evolved with the threat, applied and adjusted existing legal tools, and added needed technology and expertise."
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