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JAIC Has More Work To Do in Developing Artificial Intelligence Standards, while DoD Components and Contractors Must Implement Security Controls Around Artificial Intelligence, Says DoD OIG

Client Alert | 1 min read | 07.09.20

On July 1, 2020, the Department of Defense (DoD) Office of Inspector General (OIG) published its audit report. The report assessed the DoD Joint Artificial Intelligence Center’s (JAIC) progress in developing an Artificial Intelligence (AI) governance framework and standards, as well as DoD components’ implementation of security controls to protect AI data and technologies from internal and external cyber threats. DoD OIG concluded that the JAIC must do more and ensure consistency with DoD’s adoption of ethical principles for AI (as we previously reported on here), including the following: (1) include a standard definition of AI and regularly, at least annually, consider updating the definition; (2) develop a security classification guide to ensure the consistent protection of AI data; (3) develop a process to accurately account for AI projects; (4) develop capabilities for sharing data; (5) include standards for legal and privacy considerations; and (6) develop a formal strategy for collaboration between the Military Services and DoD Components on similar AI projects. In addition, the DoD OIG found that four DoD components (Army, Marine Corps, Navy, and Air Force) and two contractors failed to implement security controls to protect data used in AI projects and technologies from threats. The DoD OIG therefore directed these DoD components and contractors to: (1) configure their systems to enforce the use of strong passwords, generate system activity reports, or lock after periods of inactivity; (2) review networks and systems for malicious or unusual activity; (3) scan networks for viruses and vulnerabilities; and (4) implement physical security controls, such as AI data. Following this report, contractors should expect to see a biannual AI portfolio review of all DoD components’ AI projects and guidance on legal and privacy standard operating procedures.

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Client Alert | 4 min read | 05.13.24

Harmonizing AI with EEO Requirements: OFCCP’s Blueprint for Federal Contractors

Now more than ever, federal contractors find themselves at the intersection of innovation and regulation, particularly in the realm of Artificial Intelligence (AI).  AI is now incorporated into a broad range of business systems, including those with the potential to inform contractor employment decisions.  For that reason, the Office of Federal Contract Compliance Programs (OFCCP) has issued new guidance entitled “Artificial Intelligence and Equal Employment Opportunity for Federal Contractors” (the “AI Guide”).  OFCCP issued the AI Guide in accordance with President Biden’s Executive Order 14110 (regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence”), which we reported on here.  The AI Guide provides answers to commonly asked questions about the use of AI in the Equal Employment Opportunity (EEO) context.  The AI Guide also offers “Promising Practices,” which highlight a number of important considerations for federal contractors.  Focusing on federal contractors’ obligations and attendant risks when utilizing AI to assist in employment-related decisions, the AI Guide also provides recommendations for ensuring compliance with EEO requirements while harnessing the efficiencies of AI....