EPIC’s Winning Case Against AI Commission Comes to a Close

July 7, 2021

EPIC has reached a settlement agreement in EPIC v. AI Commission, bringing to a close EPIC's successful litigation to open up the proceedings of the National Security Commission on Artificial Intelligence. The Commission was charged by Congress 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 in 2019. EPIC twice prevailed in the case, securing court rulings that the Commission was subject the Freedom of Information Act and the Federal Advisory Committee Act. As a result, the Commission was forced to hold public meetings and disclose thousands of pages of records about its work to EPIC. The Commission issued its final report this spring, urging Congress and the President to implement key safeguards on federal AI deployment. However, the report failed to propose any substantive limits on AI use for Congressional enactment, as EPIC urged the Commission to do last year. EPIC's settlement with the Commission resolves EPIC's claim to attorney's fees for its work on the case. The case is EPIC v. AI Commission, No. 19-2906 (D.D.C.).

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