VICTORY – Court Rules US AI Commission Must Disclose Records to EPIC

December 3, 2019

A federal court has ruled that the National Security Commission on Artificial Intelligence is an agency subject to the Freedom of Information Act. EPIC has sought to make the activities of the AI Commission open to the public, and EPIC sued the Commission when it ignored EPIC's FOIA request. In subsequent briefing, EPIC made clear that the Commission is subject to FOIA under the plain text of the law. Judge Trevor N. McFadden, writing in EPIC v. AI Commission, rejected the Commission's arguments that it is exempt from the law. "[L]ike a stranger offering candy to a child, the Government invites the Court not to read [the FOIA] literally," the court wrote. "The Government has not convinced the Court that it should ignore what Congress said." In 2018, EPIC and leading scientific organizations, including AAAS, ACM and IEEE, and nearly 100 experts urged the White House to ensure a public process for the development of AI policy.

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