Federal prosecutors to seek tougher penalties for AI-enabled crimes

Federal prosecutors will seek stiffer penalties for crimes conducted with the aid of artificial intelligence tools, Deputy Attorney General Lisa O. Monaco said.

In remarks delivered at Oxford University on Wednesday, Monaco compared the effort to sentence enhancements for use of a firearm during the commission of a crime.

"The U.S. criminal justice system has long applied increased penalties to crimes committed with a firearm. Guns enhance danger, so when they're used to commit crimes, sentences are more severe," Monaco said, according to a transcript provided by the U.S. Justice Department. "Like a firearm, AI can also enhance the danger of a crime.

"Going forward, where Department of Justice prosecutors can seek stiffer sentences for offenses made significantly more dangerous by the misuse of AI -- they will. And if we determine that existing sentencing enhancements don't adequately address the harms caused by misuse of AI, we will seek reforms to those enhancements to close that gap."

Laurie L. Levenson, professor of law and David W. Burcham chair in ethical advocacy at Loyola Law School, said "I don't think she is saying that using AI is the same as using a firearm.

"Rather, I understand her comments to be that the DOJ is taking the misuse of AI seriously because it can cause substantial harm. When defendants use a device to cause severe harm - whether it be a firearm or AI - there can be additional consequences and prosecutors will seek higher penalties," Levenson, who is a former federal prosecutor, wrote in an email. "The laws might not yet specifically address those enhanced penalties, but the DOJ may be seeking enhancements because of the widespread and serious harm that misuse of AI can cause."

Monaco's remarks were part of a wide ranging speech on how AI is impacting the work of law enforcement. Investigators have used AI tools to classify and trace the source of opioids and other drugs; sort through the more than a million tips submitted to the FBI by the public every year; and synthesize evidence collected for the prosecutions of people who participated in the Jan. 6, 2021 insurrection attempt at the U.S. Capitol, she said.

"So far, we've just scratched the surface of how AI can strengthen the Justice Department's work," she said.

She warned that AI can ease the work of criminals just as it has helped investigators.

"We've already seen that AI can lower the barriers to entry for criminals and embolden our adversaries. It's changing how crimes are committed and who commits them -- creating new opportunities for wanna-be hackers and supercharging the threat posed by the most sophisticated cybercriminals," she said.

Levenson from Loyola said it was clear that Monaco wanted to draw attention to "the misuse of AI.

"Those are real and substantial threats - whether they be from people seeking to undermine our elections or our cybersecurity. Monaco wanted to emphasize the widespread, serious threats from misuse of AI and that the DOJ is taking them seriously," Levenson said.

Monaco used the speech to announce a new initiative called Justice AI.

"Over the next six months, we will convene individuals from across civil society, academia, science, and industry to draw on varied perspectives. And to understand and prepare for how AI will affect the department's mission and how to ensure we accelerate AI's potential for good while guarding against its risks," she said.

Here is a link to a transcript of Monaco's complete remarks: https://www.justice.gov/opa/speech/deputy-attorney-general-lisa-o-monaco-delivers-remarks-university-oxford-promise-and