10/09/2024

Maintaining the Rule of Law in the Age of AI

Its incursions into law and legal services are occurring in key areas

In light of the escalating public debate surrounding AI’s role in society, the U.S. Department of Justice (DOJ) has intensified its focus on how artificial intelligence is reshaping the justice system. In February, U.S. Deputy Attorney General Lisa Monaco announced that the DOJ would convene a "Justice AI Initiative" tasked with reporting to President Joe Biden on uses of AI within the justice system.

Flowing from Biden’s 2023 executive order on AI safety, security, and trustworthiness, the Justice AI Initiative has convened six times so far, meeting with key stakeholders to discuss important issues, including how automated decision-making impacts rights and opportunities; fairness, equity and democracy; information sharing with private industry; and criminal actors' malicious uses of AI. The diversity of issues canvassed to date offers a snapshot into the extent of ongoing research in the space: Right now, AI is everywhere. For the public and legal sectors, AI appears poised to transform business as usual, meaning regulators have started to pay careful attention.

In her announcement, Monaco emphasized the DOJ’s mission to "uphold the rule of law, to keep our communities safe and to protect civil rights." These are laudable objectives; ones that showcase the law’s potential as a social organizing force that can be used to preserve human rights. However, as a legal construct, the Rule of Law can be tricky to pin down. The epitome of a contested concept, the Rule of Law’s malleable nature lends itself to being invoked in pursuit of varying ideologies. It’s somehow possible to hear the Rule of Law both extolled as the cornerstone of democracy and proffered as justification for controversial exercises of power. When it comes to power exercised by the state, the Rule of Law can offer appropriate checks and balances, or it can present a shield behind which to hide more nefarious objectives. Adding AI technology into the mix only amplifies this effect, supercharging both technical capabilities and the possibility of authoritarian oversight.

Please select this link to read the complete article from Just Security.