Spy agency memo sets rules for AI and Americans’ private data
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WASHINGTON – A previously confidential directive by Biden administration lawyers lays out how military and spy agencies must handle personal information about Americans when using artificial intelligence (AI), showing how the officials grappled with trade offs between civil liberties and national security.
The results of that internal debate also underscore the constraints and challenges the government faces in issuing rules that keep pace with rapid advances in technology, particularly in electronic surveillance and related areas of computer-assisted intelligence gathering and analysis.
The administration had to navigate two competing goals, according to a senior administration official Joshua Geltzer, the top legal adviser to the National Security Council, “harnessing emerging technology to protect Americans, and establishing guardrails for safeguarding Americans’ privacy and other considerations”.
The White House in October held back the four-page, unclassified directive when US President Joe Biden signed a major national security memo that pushes military and intelligence agencies to make greater use of AI within certain guardrails.
After inquiries from The New York Times, the White House has made the guidance public. A close read and an interview with Mr Geltzer, who oversaw the deliberations by lawyers from across the executive branch, offers greater clarity on the current rules that national security agencies must follow when experimenting with using AI.
Training AI systems requires feeding them large amounts of data, raising a critical question for intelligence agencies that could influence both Americans’ private interests and the ability of national security agencies to experiment with the technology.
When an agency acquires an AI system trained by a private sector firm using information about Americans, is that considered “collecting” the data of those Americans?
The guidance says that does not generally count as collecting the training data – so those existing privacy-protecting rules, along with a 2021 directive about collecting commercially available databases, are not yet triggered.
Still, the Biden team was not absolute on that question. The guidance leaves open the possibility that acquisition might count as collection if the agency has the ability to access the training data in its original form, “as well as the authorisation and intent to do so”. NYTIMES
