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ARTICLE · 16 SEPTEMBER 2026

AI Authentication Management: Enforcement Prioritization In Executive Order 14,409, “Promoting Advanced Artificial Intelligence And Security”

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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An Executive Order directs the Attorney General to prioritize enforcement of federal criminal laws against AI-enabled cyberattacks, particularly focusing on identification fraud and authentication violations. Legal experts analyze how Section 1028's broad definitions of identification documents and authentication features provide powerful prosecutorial tools against autonomous AI threats, while examining implications for public-private cybersecurity partnerships.

United StatesCriminal Law
Matthew MK Stein
Matthew MK Stein
Scott T. Lashway
Scott T. Lashway
Marc H. Axelbaum
Marc H. Axelbaum
Morgan Ungrady-Johnson
Morgan Ungrady-Johnson
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On June 2, 2026, the US President issued Executive Order No. 14,409, “Promoting Advanced Artificial Intelligence and Security.”1 The provisions of the Executive Order concerning deployment of advanced frontier AI models and their national security implications received significant attention in the cybersecurity industry. And for good reason: in the months since the Executive Order’s issuance, frontier models developed by leading AI research laboratories exited testing environments, accessed the open internet, and achieved unauthorized access to other companies’ controlled systems.2 The Executive Order seeks to deter the misuse of artificial intelligence by establishing federal prosecution priorities:3

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