Your AI is a criminal, and you are an accomplice: new rules from the US Department of Justice

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Will the director of a company be able to go to jail for the bad behavior of a digital assistant?

The U.S. Department of Justice has expanded requirements for corporate compliance services by adding controls on the use of artificial intelligence. Now, companies, in addition to cost-effectiveness and return on investment in AI technologies, need to take into account their potential harm – otherwise, companies will face significant fines for violating the law.

Given that AI technologies are increasingly used in business, they can be used to make decisions or actions that violate the law. The ECCP (Evaluation of Corporate Compliance Program) guidelines include a list of questions that compliance officers need to answer regarding the use of AI. Prosecutors will consider the same issues during the investigation. Sample questions:
  • How does the company assess the possible impact of AI on the ability to comply with criminal law?
  • What measures is the company taking to reduce the potential negative or unintended consequences associated with the use of technology, both in business activities and in the compliance program itself?
  • How does the company reduce the risk of intentional or negligent use of technology, including the actions of its own employees?
Prosecutors will pay attention to how vulnerable the company is to fraud schemes that can be implemented using new technologies, such as fake endorsements or AI-generated documents. In addition, the presence and effectiveness of measures to monitor and test the operation of AI applications will be evaluated to ensure that they are working correctly.

In other words, if AI breaks the law, the company will still be held liable. The management of enterprises is recommended to identify and eliminate possible risks in advance in order to avoid sanctions from the Ministry of Justice.

In addition to AI compliance guidelines, the ECCP also provides additional guidance on how to work with whistleblowers, encouraging employees to report illegal activity.

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