DOJ’s Strategic Approach to Countering Cybercrime and AI Misuse

Fort Lauderdale, Fla. (October 7, 2024) - On October 2, 2024, Principal Deputy Assistant Attorney General Nicole M. Argentieri addressed the Computer Crime and Intellectual Property Section’s Symposium on Artificial Intelligence (AI). Argentieri’s speech outlined the promise and peril of AI. Argentieri noted that while the Department of Justice (DOJ) uses AI tools to facilitate the prosecution of federal crimes, AI can be misused by bad actors — including in cyberspace — to commit crimes against individuals and entities.                

As Lewis Brisbois previously highlighted, the duality of AI requires companies to both supervise their own use of this innovative technology to guard against internal misuse and to utilize appropriate defenses to limit the likelihood of becoming victims of crimes facilitated by AI. Argentieri acknowledged as much when she stated, “AI is a double-edged sword. It can be used to detect, disrupt, and deter criminal activity. But it can also facilitate criminal activity by bad actors who exploit it and lower the barriers to entry for criminals.”

Argentieri highlighted the risks associated with AI, particularly generative AI, which can be exploited for fraud, and developing phishing emails and malicious code. She warned, “[c]riminals can take advantage of the trust we place in a family member’s voice or a celebrity’s image to mislead and defraud people out of their life’s savings.”

The DOJ’s comprehensive strategy to combat cybercrime, available on the CCIPS website, focuses on targeting significant cybercrime actors, enhancing partnerships, and promoting cybersecurity through capacity building, public education, and information sharing. The DOJ aims to bring cybercriminals to justice by disrupting and dismantling online infrastructures used for cyberattacks and seizing criminal proceeds. Argentieri stated, “[t]he department has already deployed AI to triage reports about potential crimes, connect the dots across large datasets, and identify the origin of seized narcotics.” Additionally, the DOJ will seek stiffer sentences for crimes exacerbated by AI misuse. “Where misconduct is made significantly more dangerous by misuse of AI, department prosecutors will seek stiffer sentences,” Argentieri emphasized. (See also our client alert, "DOJ Reiterates Focus on Artificial Intelligence.")

Argentieri also stressed the importance of partnerships, saying, “[t]he Criminal Division will continue to work closely with its law enforcement partners to aggressively pursue criminals — including cybercriminals — who exploit AI and other emerging technologies and hold them accountable for their misconduct.” Collaboration with domestic and international partners is crucial for defending against cyber threats, as cybercrimes are transnational.
Companies must stay vigilant and proactive in compliance efforts to navigate this evolving landscape. (see our client alert, "DOJ Signals Heightened Scrutiny on AI Compliance and Whistleblower Protections.")

Lewis Brisbois’ attorneys are available to assist clients with any questions regarding the DOJ and other agencies on AI. For more information on this development, contact the authors of this alert. Visit our Artificial Intelligence Task Force page or Government Investigations & White Collar Defense Practice page to learn more about our capabilities in this area.

Authors:

Manpreet (Monica) Uppal-Gupta, Associate

Sean Shecter, Partner and Co-Chair of Government Investigations & White Collar Defense Practice