Updates
White House Publishes Memorandum and Framework for Governing the Use of AI in National Security
October 25, 2024

The Biden-Harris Administration issued a “Memorandum on Advancing the United States’ Leadership in Artificial Intelligence; Harnessing Artificial Intelligence to Fulfill National Security Objectives; and Fostering the Safety, Security, and Trustworthiness of Artificial Intelligence.” The memo fills a specific requirement of Executive Order 14110 on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, which required a National Security Memorandum to be developed on the use of AI in national security systems. The memo outlines three objectives: 1) For the U.S. to lead on developing AI, 2) Use AI for national security with safeguards in place, and 3) For the U.S. to facilitate responsible international AI governance. The memo also outlines some of the risks associated with using AI including privacy harms, risk to physical safety, the potential for discrimination and bias, and the possibility of inappropriate use of AI among others.
Along with the memo, the White House published “Framework to Advance AI Governance and Risk Management in National Security.” Both the memo and framework state the need to protect human rights, civil rights, civil liberties, and privacy when using AI. The framework provides the details of how the U.S. government plans to accomplish the protection of rights and liberties while using AI for national security systems. The framework identifies certain prohibited uses, high-impact uses that require additional scrutiny, and uses that impact federal personnel and outlines the minimal risk management practices agencies must implement. Importantly, the framework applies to both new and existing AI uses. The framework also requires certain oversight and transparency measures. However, the oversight appears to be mostly within the agency and lacks clear independent oversight mechanisms requirements. Additionally, the transparency requirement is short on details as to what will be included in any public reporting.
EPIC has long been a leading advocate for stronger oversight and regulation of AI systems, including efforts to ban government use of biometric surveillance tools and extensive research on AI risks, including reports on generative AI harms and government AI procurement.

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