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DOJ AI task force puts corporate AI controls in focus, McGuireWoods says

DOJ AI task force puts corporate AI controls in focus, McGuireWoods says
Image: PYMNTS

Prosecutors may be asked to notify the task force before opening AI investigations, seeking charges or finalizing resolutions, according to the law firm's analysis.

Source: PYMNTS

The Department of Justice announced its Super Intelligence Task Force on November 5, following an October 13 memorandum from Attorney General Todd Blanche, PYMNTS reported. The group will coordinate criminal and civil enforcement involving AI across department components and U.S. attorneys' offices, and absorbs the Artificial Intelligence Task Force announced in January. Its members come from components with criminal, civil, national security, fraud, antitrust and appellate responsibilities.

According to an analysis by law firm McGuireWoods cited by PYMNTS, the task force's reach extends beyond AI developers to companies using third-party or in-house AI, particularly where it affects regulated activities, customer interactions, financial transactions or other consequential decisions. At the task force's request, components are expected to notify it before opening an investigation, before seeking charges and before finalizing a resolution involving AI, the analysis said.

DOJ's announcement said companies should maintain "vigorous internal controls" so AI behaves as intended. The task force builds on DOJ's 2024 compliance guidance, which told prosecutors to consider how companies manage AI risks, and will develop further guidance on evaluating those measures, the analysis said. It will recommend enforcement priorities rather than publish a list of targeted practices.

Read the full article at PYMNTS

Our take

Commerce teams run AI in the areas the analysis flags, customer interactions and financial transactions, often through vendor tools, and DOJ expects strong internal controls either way. No enforcement priorities or new guidance have been published yet.

Map where AI operates in your business, name an owner for each high-risk use, and ask vendors what monitoring and records they can provide to your compliance team.

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Key takeaways

  1. DOJ announced its Super Intelligence Task Force on November 5
  2. McGuireWoods says AI users, not only developers, face scrutiny, including vendor tools
  3. DOJ says companies need 'vigorous internal controls' so AI behaves as intended