DOJ Recommends Harsher Sentences for AI-Enhanced Crimes

The United States Department of Justice (DOJ) has recommended that the United States Sentencing Commission update its guidelines to impose additional penalties for crimes committed with the assistance of artificial intelligence. This proposal aims to address the growing concerns about the misuse of AI in criminal activities.

Expanding Beyond Current Guidelines

According to a legal alert from the law offices of White & Case, the DOJ's recommendations seek to expand beyond the existing guidelines, which currently cover only “sophisticated” systems. The new guidelines would apply to any crime aided by AI, even those involving simple algorithms. This change would make AI an accessory in criminal activities, holding individuals accountable for its use in committing crimes.

Rationale Behind the Recommendations

The legal alert highlights concerns that publicly available technology could facilitate certain criminal activities, amplify their potential impact, and help offenders evade detection and capture. Although specific scenarios were not detailed, the document emphasizes the need to address the risks posed by AI in the context of criminal behavior.

Potential Impact on Sentencing

If the recommendations are adopted, crimes, particularly white-collar crimes, could face sentencing enhancements if AI is involved. Sentencing enhancements are additional factors that judges consider when determining penalties. This means that a defendant might receive a harsher sentence if AI was used in the commission of the crime.

Adapting to AI in the Justice System

While the justice system is beginning to adapt to the role of AI in criminal activities, there is still a lack of regulation and policy targeting AI developers and publishers. In the US, companies have faced lawsuits over the use of personal data to train AI systems without consent, but there are no specific regulations governing this practice.

Contrast with EU Regulations

In contrast, the European Union has imposed numerous lawsuits and fines on US-based tech companies for similar data usage issues. The EU's stricter approach highlights the regulatory gap in the US concerning AI and personal data.