In Law360, White & Case White Collar partner Joel Cohen commented on the US Department of Justice's focus on AI, both as a tool to detect and investigate potential fraud and in prosecuting unfounded claims regarding AI capabilities, also known as "AI washing."
Cohen said some of the investigators have a misunderstanding of how humans interact with and train AI technology to improve it. "[AI] is not like the computer HAL in 2001: A Space Odyssey, that is literally doing everything," he said. "We've been doing a lot of educating to try to get the DOJ and others to understand that it isn't necessarily misrepresentation. They just aren’t, respectfully, understanding the nature and extent of the product."
However, Cohen said the DOJ is learning quickly from the AI industry as it looks toward future AI enforcement efforts. "I imagine there are going to be a number of decisions on whether to bring cases by year's end, so we’re going to start to see, to some extent, how responsive they are."
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