As AI transforms the landscape, the ABA provides trusted guidance
Artificial intelligence is reshaping the justice system and the daily practice of law—from research and litigation strategy to client communications.
While ABA advocacy on issues where the association has adopted specific AI- or technology-related policy is important, education on complex legal issues to inform potential governmental decisions before they are made in these quickly evolving areas is equally important. Subject-matter experts in several ABA entities are rising to the challenge, showcasing their diverse experience and expertise and having an impact on Capitol Hill and beyond.
Through hosting expert panel discussions, meeting with congressional offices and publishing detailed reports on relevant topics, the ABA is providing trusted, nonpartisan information to lawmakers and federal agencies as they consider legislative and regulatory approaches to addressing the increasing capabilities and use of AI.
In 2024, the ABA’s Task Force on Law and Artificial Intelligence, working with the ABA’s Governmental Affairs Office, co-hosted an AI “crash course” for members of Congress and their staffs, offering briefings on generative AI, data privacy, security risks and the technology’s impact on the legal system.
In 2025, the task force also joined the ABA Standing Committee on Law and National Security, the Center for Innovation and the Cybersecurity Legal Task Force to present a webinar for congressional offices on deepfakes and AI-fabricated images—audio and video that appear highly realistic. This session examined the growing impact of deepfakes at the intersection of technology and the legal system, the emerging problems they pose and the ethical complexities shaping lawmakers’ and the legal community’s responses.
While ABA experts are informing Congress’ decision-making process, they are simultaneously learning which AI-related issues concern federal policymakers most and leveraging that information to inform the association’s policy development.
In 2023, the ABA adopted policy urging organizations that design, develop, or deploy AI systems to ensure those systems remain subject to meaningful human authority and oversight. It emphasizes accountability for legally cognizable harm caused by AI unless reasonable steps are taken to prevent it, and calls for greater transparency, traceability and documentation of AI risks, data sources and design decisions.
In 2025, the ABA adopted policy calling for federal legislation to prevent the increased use of AI to replicate an individual’s voice, visual likeness or image without their permission, while protecting First Amendment rights and privacy interests.
Most recently, in February, the ABA adopted policy designed to protect students from technology-facilitated abuse.
Relying on its policy work, ABA is currently supporting the bipartisan No Fakes Act of 2025, which would address the growing problem with generative AI digital replicas—nonconsensual digital replications in audiovisual works or sound recordings. Under the legislation, individuals or companies would be held liable if they distribute an unauthorized digital replica they know is not authorized by the individual depicted. The bill would also preempt future state laws regulating digital replicas.
An April 2025 press release from the office of bill co-sponsor Sen. Chris Coons, D-Del., recognized the ABA’s statement that applauded his bipartisan leadership with fellow co-sponsor Sen. Marsha Blackburn, R-Tenn., on the No Fakes legislation “to fight the scourge of unauthorized generative AI digital replicas.”
The bill has been referred to the House and Senate Judiciary Committees. In May 2025, the Senate Judiciary Subcommittee on Privacy, Technology and the Law held a related hearing on AI-generated deepfakes.
The ABA’s education efforts are also visible online and in published reports. The ABA’s Task Force on Law and Artificial Intelligence developed digital resources to address the impact of AI on the legal profession and the rule of law, the courts, legal education, access to justice, government and risk management while also providing critical guidance to lawyers on the rapidly evolving AI landscape. In the last two years, it also produced annual reports, ABA books, webinars, a survey on the use of AI in legal education and groundbreaking work on how AI is transforming the judiciary.
The task force’s Year 2 Report on the Impact of AI on the Practice of Law, released in December, offers informative resources and practical guidance for lawyers and judges that is also helpful to policymakers. It also lists AI-related programs and events across the ABA, many of which are available to lawyers, judges, and members of the public at ambar.org/aiLaw. While the task force has finished its work, the ABA Center for Innovation will serve as a central resource for AI-related content, guidance, and expertise of interest to the legal profession.
Recognizing the growing use of generative AI in the practice of law, the ABA Standing Committee on Ethics and Professional Responsibility released its first formal opinion on the subject in July 2024, identifying ethical issues and offering “general guidance for lawyers attempting to navigate this emerging landscape.”
Updated guidance is expected as AI tools continue to develop. ABA formal opinions have been cited as persuasive when courts nationwide interpret state-adopted rules of professional conduct.
In the months and years ahead, the ABA Governmental Affairs team will continue to advance the association’s ongoing advocacy and education efforts in the AI arena on Capitol Hill and be focused on helping federal regulators and lawmakers to evaluate AI’s benefits and risks and promote its ethical, responsible integration for the public good. n
This report is written by the ABA Governmental Affairs Office and discusses advocacy efforts by the ABA relating to issues being addressed by Congress and the executive branch of the U.S. government. Follow @ABAGrassroots on social media.
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