Computer code on a screenLast month, President Trump signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“NDAA” or the “Act”), which, among other things, includes provisions addressing the development and use of artificial intelligence (“AI”) in the context of national security and defense.

Section 2238 of the NDAA charges the U.S. Department of Defense (“DoD” or the “Department”) with developing, maturing, and transitioning AI technologies into operational use.  Within one year of the Act’s enactment, the Secretary of Defense must designate a senior official within the Department to coordinate activities relating to the development and demonstration of AI and machine learning.  Responsibilities of this senior official include the following:

  • Developing a detailed strategic plan for the development and adoption of AI technologies;
  • Engaging with representatives from the defense industry and other private companies, research universities, and unaffiliated nonprofit research institutions;
  • Supporting the development of capabilities that assess and address AI-based threats;
  • Developing classification guidance for all AI-related activities within the Department; and
  • Working with appropriate officials to develop appropriate ethical, legal, and other policies governing the development and use of AI-enabled systems and technologies in operational situations.

Within one year of the Act’s enactment, the designated senior official also must complete a study on past and current advances in AI and the future of the discipline, including the methods and means necessary to further the technology to address national security needs.

Separately, in Section 1051, the NDAA established a new independent commission in the executive branch to review advances in AI, machine learning, and related technologies.  The National Security Commission on Artificial Intelligence (the “Commission”) will be comprised of the Secretaries of Commerce and Defense and senior leaders on relevant congressional committees.  The Act directs the Commission to undertake a comprehensive review of the methods and means necessary to advance the development of AI in the national security context.  This review will consider a number of issues, including AI’s effect on American labor and economic competitiveness, foreign investment, workforce and education incentives, data standards, and military efforts, as well as related ethical considerations.  The Commission’s findings and recommendations will be produced in a report within 180 days of the Act’s enactment, with an annual update thereafter.  Under the statute, the Commission is scheduled to terminate on October 1, 2020.

Tags: Artificial Intelligence (AI), Department of Defense, machine learning, national security, technology
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Photo of Susan B. Cassidy Susan B. Cassidy

Susan Cassidy co-chairs Covington’s Aerospace and Defense Industry Group, and has been advising government contractors for more than 35 years on the requirements imposed on companies contracting with the U.S. Government.

Susan’s practice focuses on the intersection of cybersecurity, national security, and supply…

Susan Cassidy co-chairs Covington’s Aerospace and Defense Industry Group, and has been advising government contractors for more than 35 years on the requirements imposed on companies contracting with the U.S. Government.

Susan’s practice focuses on the intersection of cybersecurity, national security, and supply chain risk management for companies that sell products and services to the U.S. Government. Susan advises contractors at all phases of the procurement cycle, and regularly:

advises clients on compliance obligations imposed by the FAR, DFARS, and other agency regulatory requirements;
leads internal and government False Claims Act (FCA) investigations addressing allegations of violations of government cybersecurity, national security, supply chain, quality, and MIL-SPEC requirements; and
advises clients who have suffered a cyber breach where U.S. government information may have been impacted.

In her work with global, national, and start-up contractors, Susan advises companies on all aspects of government supply chain issues including:

Government cybersecurity requirements, including the Cybersecurity Maturity Model Certification (CMMC), DFARS 252.204-7012, FedRAMP, controlled unclassified information (CUI), and NIST SP 800-171 requirements;
Evolving sourcing issues such as Section 889, counterfeit part requirements, Section 5949 semiconductor product and service restrictions, and limitations on sourcing a variety of products from China; and
Federal Acquisition Security Council (FASC) regulations and product exclusions.

 

Susan previously served as senior in-house counsel for two major defense contractors (Northrop Grumman Corporation and Motorola Incorporated) and is Chambers rated in both Government Contracts and Government Contracts Cybersecurity. Chambers USA has quoted sources stating that “Susan’s in-house experience coupled with her deep understanding of the regulatory requirements is the perfect balance to navigate legal and commercial matters.”

Susan is a former Public Contract Law Procurement Division Co-Chair, former Co-Chair and current Vice-Chair of the ABA PCL Cybersecurity, Privacy and Emerging Technology Committee.

Susan’s pro-bono work extends to assisting veterans in a variety of matters, as well as providing advice to elderly clients on their wills and other end-of-life planning documents.

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