DOJ Warns of Growing AI Misuse, Urges Private Sector Collaboration

Nicole M. Argentieri, Department of Justice Principal Deputy Assistant Attorney General for the Criminal Division, called for collaboration with AI developers and private companies to address the increasing risks associated with the misuse of AI for criminal activities.

In an address before the Computer Crime and Intellectual Property Section's Symposium on Artificial Intelligence, Ms. Argentieri identified the increasing risks associated with the misuse of AI for criminal activities, such as fraud and ransomware. To counter these threats, Ms. Argentieri announced two initiatives: (i) an updated "Vulnerability Disclosure Framework," which aims to encourage companies to adopt stronger security measures and facilitate good-faith AI security research and (ii) a new "Strategic Approach to Countering Cybercrime," designed to enhance the Division's ability to disrupt criminal activity, promote effective policies for combating cybercrime and strengthen public-private partnerships to improve overall cybersecurity resilience.

Ms. Argentieri urged AI companies to implement robust vulnerability disclosure programs and participate in "AI red-teaming," which allows independent researchers to identify potential flaws and biases in AI systems. She pointed to recent DOJ actions against cybercriminals, highlighting the dismantling of ransomware operations like LockBit and AlphV/Blackcat, which collectively targeted over 2,000 victims. Encouraging AI companies to collaborate with the DOJ, Ms. Argentieri stressed the importance of aligning their compliance frameworks with the department's guidelines to prevent AI misuse. She noted that the Criminal Division is "building relationships with AI companies to better understand how criminals are exploiting AI." She warned that companies failing to address AI risks could face heightened scrutiny and stiffer penalties, particularly in cases where AI facilitates illegal activities.

Ms. Argentieri also described the DOJ's international efforts, particularly regarding the Council of Europe AI Treaty and the UN Convention Against Cybercrime. She said both agreements aim to establish global standards for AI use while safeguarding civil rights. She emphasized that these treaties are crucial for coordinating international efforts to bring cybercriminals to justice, especially in cases involving transnational threats.