If your AI does the crime, you'll do the time, warns DoJ
- Reference: 1727308388
- News link: https://www.theregister.co.uk/2024/09/25/doj_ai_compliance_guidance_update/
- Source link:
Nicole Argentieri, the principal deputy assistant attorney general for the DoJ's criminal division, discussed the changes made to the Evaluation of Corporate Compliance Program (ECCP) [1]guidelines [PDF] in an address to the Society of Corporate Compliance and Ethics earlier this week.
The guidelines detail how DoJ prosecutors should approach criminal investigations and evaluate service providers' effectiveness at preventing criminal behavior. As such, the ECCP effectively functions as a guide for compliance officers looking to avoid the DoJ's ire.
[2]
After a pilot program, these rules have officially been extended to include the use of AI. The tech is are increasingly being deployed by businesses and could therefore conceivably be used to make decisions or facilitate actions that are less than legal.
[3]
[4]
The ECCP guidelines include a list of questions the DoJ thinks compliance officers should ask themselves about the use of AI systems because those are exactly the questions prosecutors will be asking in the event of an investigation. Examples include:
"How does the company assess the potential impact of new technologies, such as artificial intelligence, on its ability to comply with criminal laws?"
"How is the company curbing any potential negative or unintended consequences resulting from the use of technologies, both in its commercial business and in its compliance program?"
"How is the company mitigating the potential for deliberate or reckless misuse of technologies, including by company insiders?"
You can find the full list of AI-related compliance questions on page four of the ECCP document [5]here .
According to Argentieri, per a [6]transcript , "prosecutors will consider whether the company is vulnerable to criminal schemes enabled by new technology such as false approvals and documentation generated by AI. If so, we will consider whether compliance controls and tools are in place to identify and mitigate those risks."
Additionally, the DoJ will take into consideration whether the company is actively monitoring and testing AI applications to ensure they're functioning as intended.
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In other words, it doesn't matter whether it's the AI that broke the law – the company will be held accountable. Executives should therefore take steps to identify and address these risks before the DoJ comes knocking.
[8]As IBM pushes for more automation, its AI simply not up to the job of replacing staff
[9]California governor goes on AI law signing spree, but demurs on the big one
[10]Microsoft Bing Copilot accuses reporter of crimes he covered
[11]Here we go again with more AI crime prediction for policing
"Because we prosecute corporate crime, we ask not just what happened, but why it happened and what the company has done to prevent misconduct from recurring," Argentieri explained, adding: "We expect corporations to continuously review and update their compliance programs to account for emerging risk factors."
In addition to guidelines governing AI compliance, the ECCP updates also include guidance related to whistleblowers under a program designed to incentivize workers to report illegal activities. ®
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[1] https://www.justice.gov/criminal/criminal-fraud/page/file/937501/dl
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/aiml&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZvTcZesilpP9azlCbOeR7QAAAUk&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/aiml&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZvTcZesilpP9azlCbOeR7QAAAUk&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/aiml&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZvTcZesilpP9azlCbOeR7QAAAUk&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[5] https://www.justice.gov/criminal/criminal-fraud/page/file/937501/dl
[6] https://www.justice.gov/opa/speech/principal-deputy-assistant-attorney-general-nicole-m-argentieri-delivers-remarks-society
[7] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/aiml&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZvTcZesilpP9azlCbOeR7QAAAUk&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[8] https://www.theregister.com/2024/09/24/ibm_layoffs_ai_talent/
[9] https://www.theregister.com/2024/09/18/california_newsom_ai_bills/
[10] https://www.theregister.com/2024/08/26/microsoft_bing_copilot_ai_halluciation/
[11] https://www.theregister.com/2024/08/01/argentina_crime_prediction/
[12] https://whitepapers.theregister.com/
Artificial Xenophobia
The resumé screening apps used by a large majority of US employers are trained on public data sets. Consequently, they are demonstrably and quantifiably sexist, racist, homophobic, Anti-Semitic, more, and worse. They are the codification of some of humanity's most destructive faults, and they are the first barrier anyone who wants a grownup job must cross. They're the most energetic, competent, relentless bigots the world has ever seen, committing the most heinous sorts of discrimination with a thoroughness and accuracy that's the stuff of a Klansman's wet dreams.
And every company using them is in direct, flagrant violation of a host of U.S. federal and state fair employment statutes. The speed, scale, and stealth of the assault is as devastating as it is breathtaking.
If ignorance of the law is no excuse, neither is ignorance regarding your AI. Every last one of those companies should be prosecuted to the fullest extent of the law, and the perpetrators behind the production of the software given prison terms. The production of some software must be regulated and monitored, and the costs of doing so must be paid by the producers. "To encourage the others."
Re: Artificial Xenophobia
I’d upvote twice if I could. It’s a terrifying thought that lives could be blighted by algorithms that you have no idea even exist. Decisions made about your life by an algorithm that cannot explain how it came to a decision. There are existing laws to prevent bias in a lot of situations but you have to know it’s happening. It could be years or never that it comes out. Governments and ML companies know it is coming but I don’t have much faith they can slow the money machine enough to fix it.
Well...
...since the AI just replaced your lawyers this is rather moot...
Q. What is a 1,000 AIs at the bottom of Sydney Harbour?
A. A good start!
DOJ: Your company, devoid of humans, has been run amok by AI whose bots have broken a plethora of laws ranging from money laundering to copyright infringement and data theft. Do you wish to have a lawyer present before answering our questions?
CEO: Siri, activate lawyerbot app.