U.S. Deputy Attorney General Lisa Monaco delivered keynote remarks March 7 at the American Bar Association’s 39th National Institute on White Collar Crime. In addition to unveiling a new whistleblower pilot program, she discussed the rise of artificial intelligence (AI) and DOJ’s continued effort to fight corruption at the hands of people using AI to further their illegal activities.
Just because an unlawful activity is done by or orchestrated with AI does not mean it is not illegal. “Fraud using AI is still fraud,” she said in her remarks. “Price fixing using AI is still price fixing. And manipulating markets using AI is still market manipulation.”
As with the whistleblower pilot program, the DOJ is keen on corporate compliance. If the department is investigating a corporation and reaches a resolution, prosecutors will assess whether, and to what extent, the company managed its AI-related risks as part of its overall compliance effort and may adjust sentencing guidelines accordingly. Monaco said she has directed the Criminal Division to incorporate an “assessment of disruptive technology risks – including risks associated with AI – into its [existing] guidance on Evaluation of Corporate Compliance Programs.”
While DOJ has warned individuals and corporations against unlawful uses of AI, they acknowledge the benefit of the technology in some circumstances, such as:
- Classifying and tracing the source of opioids and other drugs;
- Assisting with triage and understanding the more than a million tips submitted to the FBI each year; and
- Synthesizing huge volumes of evidence collected in significant cases.
‘Justice AI’ Announced
President Joe Biden announced in October an executive order on “Safe, Secure, and Trustworthy Artificial Intelligence,” which among other things establishes new standards for AI safety and security, protects privacy, advances equity and civil rights, and promotes innovation. While the DOJ will continue to pursue and punish illegal uses of AI, there are various government programs aimed at proactively ensuring that such developing technologies can be utilized as successful tools for various corporations and the government.
Monaco, at the ABA conference, also announced “Justice AI,” a series of meetings where individuals in industry, academia, law enforcement and civil society will come together to discuss and prepare for how AI can be used effectively while also safeguarding against some of the risks.
As the AI space continues to change and evolve, corporations should consider regularly checking and updating their compliance procedures and ensure that they have protocols in place to mitigate the risks and misuse of AI.
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