The U.S. intelligence community is taking steps to establish guidelines for the use of artificial intelligence and data in their operations. These guidelines will set minimum standards for all 18 intelligence agencies and will ensure that there is a common understanding of the boundaries and rules surrounding AI. John Beiler, the science and technology chief of the Office of the Director of National Intelligence (ODNI), stated that the initial focus will be on high-level guidelines, as they are still in the process of figuring out many aspects of AI.
The ODNI is working on the first-ever directive on AI, which will provide a framework for the intelligence community to follow. The development of these guidelines involves input from the White House, Capitol Hill, and each of the spy agencies. While there is no specific deadline for the release of the directive, the major defense bill signed into law by President Biden in December provides some insight into its contents. The law directs the intelligence community to establish minimum guidelines for the performance of AI models and the tracking of agencies' reliance on these models.
In addition to the rules on AI, there are also expected changes regarding the use of commercially available information by the intelligence community. Jason Barrett, the ODNI’s Open Source Intelligence Executive, stated that the community will soon share information about its policy and usage of commercially available information. This includes personal individual data gathered by data brokers from people’s phones, cars, and other devices. The intelligence community aims to streamline the acquisition and internal sharing of this data while adhering to transparency and privacy protections.
The intelligence community has been working under the “principles of artificial intelligence ethics” established in 2020, which emphasize respecting the law, acting with integrity, and being transparent and accountable. However, the absence of common AI rules has led to each agency establishing its own boundaries.
Privacy and civil liberties advocates will closely monitor any changes in the intelligence community’s data usage. There are concerns that the community may be acquiring data from private companies that it cannot legally collect on its own. A report published in June 2023 highlighted the intelligence community’s collection of commercially available information and recommended changes to the government’s approach. Senator Ron Wyden previously held up the confirmation of the National Security Agency’s director to obtain more information on the commercial data collected by spy agencies.
Intelligence officials maintain that they operate within the bounds of U.S. laws and involve lawyers in their decision-making processes. The CIA’s Randall Nixon, responsible for the agency’s Open Source Enterprise, stated that every decision they make has legal oversight.
While the intelligence community is in the process of establishing guidelines for the use of AI and data, it is unlikely that Congress will pass comprehensive AI regulatory legislation in the near future. Sen. Todd Young, an Indiana Republican, stated that a significant AI regulatory bill is not expected to be passed in the immediate future.
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