EPIC v. AI Commission: Court Orders Commission to Hold Public Meetings

June 1, 2020

A federal court, ruling in EPIC v. AI Commission, has ordered the National Security Commission on Artificial Intelligence to open its meetings to the public. The Commission is charged with developing recommendations on the use of AI in national security and defense contexts. But after the Commission conducted much of its work in secret and without public input, EPIC filed an open government lawsuit against the Commission last year. In Monday’s decision, Judge Trevor N. McFadden ruled that the Commission is subject to the Federal Advisory Committee Act and must therefore hold open meetings and regularly publish its records. “Today, the Court holds that Congress can and did impose Janus-like transparency obligations upon the AI Commission,” Judge McFadden wrote. “No rule of law forced Congress to choose just one.” EPIC previously won a court ruling that the AI Commission is subject to the Freedom of Information Act, and the Commission recently began disclosing its past records. The case is EPIC v. AI Commission, No. 19-2906.

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