Artificial Intelligence: Defining AI

The definition of AI is increasingly relevant in legal education due to the rapid advancements in AI technology and its growing influence on various aspects of law and society.  Understanding the definition of AI is essential for legal professionals to navigate the complex legal landscape surrounding AI technology. By understanding AI definitions, educators, law students, and legal professionals can effectively contribute to developing legal frameworks, addressing AI-driven decisions' ethical implications, and leveraging AI to improve legal practice.

The concept of AI lacks a universally accepted definition, although several key definitions have been created through a provision in the U.S. Code (U.S.C.), ABA Formal Opinion 512, three Presidential Executive Orders, and a publication by the Department of Commerce, as well as guidelines promulgated by global multilateral organizations and foreign jurisdictions.

According to ABA Standing Comm. on Ethics & Pro. Resp., Formal Op. 512 (2024), AI involves computer technology, software, and systems that can perform tasks that traditionally require human intelligence. This refers to the ability to perform tasks commonly associated with intelligent beings. The term is often used to describe the development of systems that seem to use or imitate human-like intellectual processes, such as reasoning, understanding meanings, generalizing, and learning from past experiences.

The National Artificial Intelligence Initiative, 15 U.S.C. 9401(3), defines AI as "a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments."  The statute further provides that AI systems use machine- and human-based inputs to (A) perceive real and virtual environments; (B) abstract such perceptions into models
through analysis in an automated manner; and (C) use model inference to formulate options for information or action. 

Three Executive Orders (Nos. 13,859, 14,110, and 14,141) address the subject of AI.  The former order outlines principles for the use of AI in federal agencies, such as ensuring fairness, transparency, and accountability.  The latter order focuses on promoting responsible AI development and use, including addressing issues like bias, privacy, and national security.

• For the purposes of Executive Order 13,859 (Maintaining American Leadership in Artificial Intelligence), the following definition is set forth:
  • the term “artificial intelligence” means the full extent of federal investments in AI, including the R&D of core AI techniques and technologies; AI prototype systems; the application and adaptation of AI techniques; architectural and systems support for AI; and cyberinfrastructure, data sets, and standards for AI; and
  • the term “open data” shall, in accordance with OMB Circular A-130 and memorandum M-13-13, mean “publicly available data structured in a way that enables the data to be fully discoverable and usable by end users."
• Executive Order 14,110 (Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence) defines an extensive list of terms while specifying that "AI" has the same meaning set forth in 15 U.S.C. 9401(3). This specific Executive Order was rescinded by subsequent executive orders, but those executive orders retained the same definition of AI. See generally Exec. Order No. 14,179, 90 Fed. Reg. 8741 (Jan. 31, 2025).
• Executive Order 14,141 (Advancing United States Leadership in Artificial Intelligence Infrastructure) does not explicitly define AI; however, it references the definition of AI found in 15 U.S.C. 9401(3).

In responding to Executive Order 13,859, the U.S. Department of Commerce's National Institute of Standards and Technology referenced the following two definitions for AI in its U.S. Leadership in AI: A Plan for Federal Engagement in Developing Technical Standards and Related Tools (Appendix I, p. 25).

• AI definition from ANSI INCITS 172-2002 (R2007) Information Technology—American National Standard Dictionary of Information Technology (ANSDIT) (Revision and Redesignation of ANSI X3.172-1996):

1. A branch of computer science devoted to developing data processing systems that performs functions normally associated with human intelligence, such as reasoning, learning, and self-improvement.
2. The capability of a device to perform functions that are normally associated with humans.

• AI definition from ISO/IEC 3WD 22989 Information Technology—Artificial Intelligence—Artificial Intelligence Concepts and Terminology:
  • AI: capability of a system to acquire, process, and apply knowledge (noting that "knowledge" means facts, information, and skills acquired through experience or education).
  • AI system: technical system that uses artificial intelligence to solve problems.

In its Guidelines and Regulations to Provide Insights on Public Policies to Ensure AI’s Beneficial Use as a Professional Tool, the International Bar Association (IBA) provides detailed information on the use of AI (and varying AI definitions) in the main multilateral organizations and several jurisdictions worldwide.

The Law Library of Congress has published a comprehensive report (Innovative Technology in Legislatures in Selected Countries) that examines how legislative bodies are adopting and utilizing innovative technological infrastructures, including AI tools, to enhance their parliamentary processes, services, and functions. Notably, the report reveals a lack of references to a clear definition of AI.