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artificial intelligence (AI)

Artificial intelligence (AI) refers to computer-based systems capable of performing functions that typically require human intelligence, such as recognizing patterns, adapting from experience, or making decisions.

Under 15 U.S. Code § 9401, AI is described as a machine-based system that operates toward human-defined objectives by generating predictions, recommendations, or decisions that affect real or virtual environments. The Fiscal Year 2019 National Defense Authorization Act (Pub. L. 115-232, § 238), codified  in 10 U.S. Code § 4001 further defines AI to include:

  • Artificial systems that can act under unpredictable conditions without close human oversight, or that learn and improve performance when exposed to data.
  • Systems developed in software, hardware, or other contexts to perform tasks requiring human-like perception, reasoning, planning, learning, communication, or action.
  • Cognitive architectures and neural networks designed to replicate human thought or behavior.
  • Techniques such as machine learning that approximate cognitive tasks.
  • Rational systems, including intelligent agents or robots, that achieve goals through perception, planning, reasoning, learning, communication, and decision-making.

In 2023, the EEOC, DOJ, CFPB, and FTC issued a Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems, reminding businesses that automated decision-making systems remain subject to anti-discrimination and consumer protection laws, highlighting risks of algorithmic bias in areas like employment and credit. Courts have also started addressing AI’s role in legal practice. In In re Martin, 670 B.R. 636 (Bankr. N.D. Ill. 2025), lawyers were sanctioned for submitting a brief with fictitious citations generated by a large language model. The Court drew a distinction between predictive AI (which classifies or forecasts) and generative AI (which creates new content that may not always be reliable). For research and technical standards, see the National Institute of Standards and Technology’s resources on artificial intelligence. In 2023, the White House also issued an Executive Order on the safe and trustworthy development and use of AI.

Globally, the United Nations fosters coordinated approaches to AI and digital technologies. The Global Digital Compact sets a framework for responsible AI governance, multi-stakeholder cooperation, and digital rights. The UN’s High-Level Advisory Body on AI supports policy development and inclusivity in governance. Other initiatives like AI for Good, the UNU Global AI Network, and the UNICRI Centre for AI and Robotics contribute research, capacity building, and domain-specific analysis (e.g. security, justice and international development). These global mechanisms reflect the understanding that AI governance cannot be purely national, the impacts cross borders, and international cooperation is vital for aligning AI ethics, standards, transparency, fairness, and accountability.

[Last reviewed in September of 2025 by the Wex Definitions Team]