TLDR

• The US Department of Justice (DOJ) recommends harsher sentences for AI-enhanced crimes.
• The DOJ has asked the US Sentencing Commission to consider an AI-specific sentencing enhancement.
• The proposed enhancement would apply to crimes committed with, prepared with, or concealed using AI.
• Current guidelines only cover “sophisticated” systems, while the new proposal would include simple algorithms.
• The DOJ cites concerns about AI making crimes easier to commit and harder to detect.

The United States Department of Justice (DOJ) is taking steps to address the potential misuse of artificial intelligence (AI) in criminal activities.

In a recent report to the United States Sentencing Commission, the DOJ’s Criminal Division has recommended the creation of a new sentencing enhancement specifically targeting crimes involving AI.

This proposal comes as part of the DOJ’s annual report to the Sentencing Commission, a process mandated by law. While the Commission is not required to adopt the DOJ’s recommendations, it must consider input from various authorities within the federal criminal justice system when reviewing and revising sentencing guidelines.

The proposed enhancement would apply to cases where a defendant used AI during the commission of an offense, in preparation for the offense, or in an attempt to avoid detection or apprehension. This broad application is intended to cover a wide range of potential AI-related criminal activities.

According to the DOJ, current sentencing guidelines do not adequately address the unique challenges posed by AI-enhanced crimes.

Existing provisions, such as the “sophisticated means” enhancement, only apply to certain offenses and require the use of AI to be considered sophisticated. In contrast, the new proposal would apply to all offenses and would not necessitate proving that “special skill” was required to use the AI.

The DOJ’s Criminal Division outlined several concerns driving this recommendation. They argue that AI has the potential to make crimes easier to commit, amplify the harm resulting from these crimes, and enable offenders to delay or avoid detection. The report also highlighted specific worries about the misuse of AI in cybercrime and election security, areas where the impact could have broader societal implications.

Deputy Attorney General Lisa Monaco has been vocal about the DOJ’s intention to seek stiffer sentences for offenses made significantly more dangerous by AI misuse. In early 2024, Monaco warned that the DOJ would push for sentencing guideline reforms if existing enhancements were found insufficient to address AI-related harms.

The proposed enhancement is part of a larger effort by the DOJ to send a clear message about the seriousness of AI-related crimes.

By recommending these changes, the DOJ aims to establish an “early signal that those exploiting this new form of promising technology will face increased penalties.”

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