A bill recently introduced in Peru's Congress seeks to amend the Penal Code to toughen penalties for using artificial intelligence (AI) in the commission of common crimes and scams. Congressman Isaac Mita Alanoca, a member of the Peru Libre party, presented the proposal.
Bill No. 8746/2024-CR proposes changes to Article 46 of the Penal Code and adding a new numeral, 7) to Article 196-A. This amendment aims to precisely regulate the use of AI in committing crimes, including harsher penalties for those who use this technology to appropriate the identity of third parties.
The initiative proposes that the penalty for aggravated AI fraud should be between four and eight years in prison and fines ranging from 90 to 200 days. These penalties are primarily aimed at persons who use AI to commit fraud or deception by taking advantage of other people's identities.
The proposal is currently under review by the Justice and Human Rights Committee of Congress. Several parliamentarians, including Flavio Cruz Mamani, Kelly Portalatino, and Waldemar Cerrón, support the bill, which agrees on the need for greater regulation of the use of artificial intelligence.
The project authors point out that although Peru has Law 31814, which promotes the use of AI for economic development, this legislation is 'generic' and lacks specific measures to prevent its misuse in criminal activities. According to the text, the lack of precise regulation allows criminal organizations to use AI to facilitate their operations, which the current Criminal Code does not cover.
The document emphasizes that, although cybercrime is regulated, no explicit provisions have been established on using AI to commit crimes. According to the initiative, artificial intelligence has advanced rapidly, requiring a commensurate legal response to prevent criminals from using this technology.
In their argument, the proponents cite international examples and the rapid development of AI as a technology that, if not properly controlled, could generate significant threats. They also mention that well-known figures, such as Stephen Hawking and Elon Musk, have warned about the risks of unregulated AI, stressing that it could surpass human intelligence and turn against its creators.
Finally, according to Infobae, the lack of regulation on the use of AI in the criminal context is a growing concern. The Peruvian Parliament has decided to implement these changes, which could set a precedent in the fight against using advanced technologies for illicit purposes.
