DOJ Signals Stricter AI Governance Scrutiny
The U.S. Department of Justice's AI Litigation Task Force is shifting its focus from AI principles to provable controls, according to legal expert Adria Perez. In a recent podcast, she warned that regulators now expect companies to demonstrate how their AI governance systems work and can withstand scrutiny. This indicates a tightening regulatory environment for enterprises using AI in creative and business workflows.
- In September 2024, the DOJ updated its "Evaluation of Corporate Compliance Programs" to specifically instruct prosecutors to assess how companies are managing risks associated with AI. This means that in the event of an investigation, the DOJ will scrutinize a company's policies, procedures, and controls for its use of AI in business operations. - Regulators now expect companies to have a defined governance structure and controls for their use of technology, including AI. This includes conducting risk assessments on how AI could be misused and training employees on the proper use of these technologies. - The Federal Trade Commission (FTC) has launched "Operation AI Comply" to crack down on deceptive or unfair uses of AI in marketing and commerce. This initiative targets companies making unsubstantiated claims about their AI-powered products or using AI to generate fake consumer reviews. - A key area of legal risk for creative teams is copyright law, as AI models are often trained on vast datasets of existing works. The US Copyright Office maintains that a human being must be the author of a work to receive copyright protection, a stance the DOJ has supported, which has implications for the ownership of purely AI-generated content. - To demonstrate responsible AI governance, companies are encouraged to adopt frameworks like the one developed by the National Institute of Standards and Technology (NIST). This framework emphasizes principles such as transparency, fairness, accountability, and safety in the entire lifecycle of an AI system. - The use of AI to create "deepfakes" or to mimic a person's voice or likeness without their consent is a growing legal concern. This poses a direct risk for video production and marketing, with potential for both civil lawsuits and reputational damage. - Effective AI governance includes maintaining human oversight and clear accountability for the outputs of AI systems. This is considered a non-negotiable aspect of responsible AI use, ensuring that critical decisions are legally defensible. - Beyond federal agencies, there is a broader push for responsible AI use from international bodies like the Organisation for Economic Co-operation and Development (OECD), which has established principles for human-centered and trustworthy AI. This indicates a global trend towards more rigorous AI governance standards.
