Calls for Specific Guidelines Enhancements for Crimes Utilizing Artificial Intelligence
As we have previously covered, the Department of Justice (“DOJ”) remains focused on the impact that Artificial Intelligence (“AI”) could/does have on criminal activities and continues to evolve its policies surrounding the new technology. In a recent report to the United States Sentencing Commission, an independent agency of the judiciary that develops the federal sentencing guidelines, the Criminal Division of the DOJ recommended that the guidelines be altered to include sentencing enhancements that would explicitly target those that use AI technology in the commission of their crimes. They argue that the guidelines as they are currently written do not adequately address some of the risks that AI technology poses in areas such as cybercrime and election security, nor the ease at which the technology allows individuals to commit crimes, and believes that specific sentencing enhancements would be, “[an] early signal that those exploiting this new form of promising technology will face increased penalties.” The proposed enhancement would further punish those who use the technology under the broad definition proposed that would include those who use AI during the commission, in preparation, or to cover up a crime by increasing an individual’s advisory sentencing guideline range. If enacted, you can expect significant litigation surrounding the application of the enhancement to determine how and when courts should appropriately apply them. Particularly, you can expect objections to prevent the accused from facing increased punishment in garden variety cases as AI technology becomes more ubiquitous in our daily lives. The application and use of the Federal Sentencing Guidelines can be complicated so it is best to consult with an experienced federal criminal defense attorney to ensure that if you are convicted you do not face an unnecessarily high and unfair advisory guideline range at sentencing.