Attorney General Todd Blanche said the Justice Department will prosecute crimes committed with artificial intelligence but will not regulate the technology itself. He described AI as beneficial and drew a line between enforcing existing criminal laws and writing rules for how companies develop advanced systems.

His position reflects President Trump’s resistance to new guardrails. Trump has taken the position that any heavy restrictions would ultimately slow American development and allow China to gain the upper hand in a competitive race he believes is vital to national power.

Leaders in the AI industry have called for greater caution and more federal oversight, with Anthropic CEO Dario Amodei warning that AI is becoming capable of helping design its own successors, potentially allowing progress to outrun the safeguards needed to control it. OpenAI CEO Sam Altman and SpaceX AI CEO Elon Musk have both supported his warning.

Republican congressional leaders are considering a narrower approach. Senate Majority Leader John Thune supports limited protections against the most serious threats, while House Speaker Mike Johnson wants AI companies, lawmakers and the White House to discuss safety before Congress acts.

The Trump administration will be instrumental in how the federal government handles AI, and thus far is defining AI policy around punishment after a crime rather than limits imposed before harm. While that approach may preserve American innovation, criminal laws cannot address every danger posed by systems that act unpredictably or develop capabilities their creators did not anticipate…

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It’s a difficult line to walk, as restricting American laboratories while Chinese developers continue advancing could surrender a military advantage, making the concern valid. Yet moving too quickly without safeguards could expose Americans to more sophisticated fraud and cyberattacks that come from systems that cannot be controlled.

The grey area and uncertainty provide Congress with a necessary role. While Washington does not need to regulate every AI product to address the risks technology executives warn about, independent testing and emergency controls could target these newer models without burdening software or impeding progress.

An enforcement-only approach means protection may arrive, but only after the fact, after someone may have been harmed. If AI is used to impersonate you, steal information, or automate fraud, the DOJ can investigate. However, this does not guarantee victims will recover their losses, and it is still unclear how justice will be dealt.

How and who is punished is still up for debate, as challenging a specific result or action may be difficult if neither the company using the system nor its developer can explain how it reached its conclusion.

The administration’s approach could keep useful products affordable by avoiding rules that stifle innovation or protect the largest companies from competition. But the tradeoff means businesses deploying AI will have greater responsibility, likely through more human review.

Prosecuting deliberate abuse is necessary, but Americans also need a clear path to correct harmful decisions that may not necessarily amount to a crime.

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