Why the Artificial Intelligence Felonies Act (AIFA) Is a National Imperative—And Why Legal Education Must Catch Up

Artificial Intelligence (AI) is transforming our world at a pace never before seen—from breakthroughs in medicine to reshaping how economies function. But with this immense potential comes serious risk. As the draft Artificial Intelligence Felonies Act (AIFA) makes clear, AI introduces a dangerous new frontier for criminal activity. We need a unified and effective federal response—not just to prosecute AI-enabled crimes, but to secure our future and modernize our legal system.

The Case for Federal Legislation: Why the AIFA Matters Now

The AIFA proposes a comprehensive framework for defining and prosecuting “Artificial Intelligence Felonies” (AIFs). This is not a theoretical exercise. It’s a necessary step to keep pace with rapidly evolving threats.

1. New Threats Require New Tools

AI can now be used to commit crimes that were unthinkable a decade ago: mass synthetic identity fraud, AI-generated child sexual abuse material, algorithmic market manipulation, and more. Current laws weren’t built for this world. The AIFA identifies and classifies these novel crimes—such as AI-assisted terrorism and labor fraud via synthetic agents—ensuring the law can keep up with AI’s capabilities.

2. Uniform Standards Prevent Legal Chaos

Without a federal law, each state could develop its own AI crime statutes—leading to a fragmented system with conflicting definitions, penalties, and enforcement standards. This patchwork would weaken our national ability to respond to AI threats. AIFA would bring clarity, consistency, and coordination, making sure serious AI crimes face appropriately serious consequences.

3. Specialized Enforcement Is Essential

AI crimes are highly technical and often transnational. The AIFA proposes creating a dedicated AI Crime Task Force within the Department of Justice to provide the expertise, tools, and coordination necessary to prevent and prosecute these crimes effectively. This is not just about punishing bad actors—it’s about stopping threats before they escalate.

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The Legal Education Gap: Preparing Lawyers and Judges for the AI Era

A federal AIFA would do more than empower law enforcement—it would set the foundation for the next generation of legal education. Right now, most law schools are struggling to adapt to the rise of AI. Some offer AI-related electives, but there is no consistent, nationwide curriculum that reflects the growing role of AI in legal practice.

AIFA could change that.

1. A New Pillar of Legal Education

Just like criminal law, torts, and contracts form the foundation of first-year legal education, AI law should become a core subject. A federal framework would give law schools a standard reference for teaching the legal dimensions of AI, ensuring every future lawyer receives the same rigorous training—regardless of where they study.

2. Practical Integration Across Core Courses

With AIFA in place, AI law can be integrated into the heart of the curriculum:

• Criminal Law: Students would study cases involving AI-assisted terrorism or deepfake identity theft, learning to assess intent and culpability in crimes involving autonomous systems.
• Torts: AI-related negligence cases—such as the failure of AI in a self-driving car or medical device—would teach students to apply classic tort principles to cutting-edge scenarios.
• Contracts: Issues like AI-generated contracts and employment fraud using synthetic agents would introduce students to emerging risks in commercial law.
• Professional Responsibility: Courses on legal ethics would cover AI tool usage, bias in algorithms, and the lawyer’s duty to remain competent in a tech-driven practice.

This wouldn’t require lawyers to learn how to code—but it would ensure they understand AI’s implications for law and justice.

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The Future Courtroom: Judges Must Also Be AI-Literate

Judges, too, will face enormous challenges as AI becomes central to litigation. If AIFA becomes law—as it must—judges will be responsible for interpreting complex AI-related statutes and ruling on cases involving:

• Algorithmic causation and intent
• The reliability of AI-generated evidence
• Liability for harms caused by autonomous systems

We already train judges in specialized areas like patent or bankruptcy law. The rise of AI demands similar preparation. Without it, we risk inconsistent rulings and an overwhelmed justice system.

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The Time to Act Is Now

The Artificial Intelligence Felonies Act is more than just legislation—it’s a forward-looking strategy for national security, legal modernization, and public protection. It offers:

• A strong legal foundation for addressing AI crimes
• National consistency in enforcement
• A roadmap for reshaping legal education and judicial readiness

We cannot afford to wait for catastrophe before acting. Just as AI is redefining every other industry, it’s already reshaping the law. The AIFA gives us the tools to respond—intelligently, cohesively, and urgently.

Let’s ensure our legal system evolves as fast as the technology it seeks to govern. The future of justice depends on it.