Yesterday, the National Telecommunications and Information Administration (NTIA) issued a Request for Comment that seeks input on a “National Spectrum Strategy,” which would include a plan to study federal spectrum usage to identify spectrum that could be reallocated or repurposed to commercial or shared federal/commercial use. This National Spectrum Strategy also would include a process for identifying the spectrum bands best suited for repurposing (a “Spectrum Pipeline”). NTIA seeks input in creating a Spectrum Pipeline for the next decade, with the goal of identifying at least 1,500 megahertz of spectrum to study for potential repurposing to meet the future requirements of both commercial and federal users.
Roundup of January 2023 Artificial Intelligence Developments
U.S. federal agencies and working groups have promulgated a number of issuances in January 2023 related to the development and use of artificial intelligence (“AI”) systems. These updates join proposals in Congress to pass legislation related to AI. Specifically, in January 2023, the Department of Defense (“DoD”) updated Department of Defense Directive 3000.09 and the National Artificial Intelligence Research Resource (“NAIRR”) Task Force Final Report on AI; the National Institute of Standards and Technology (“NIST”) released its AI Risk Management Framework, each discussed below.
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NIST Releases New Artificial Intelligence Risk Management Framework
On January 26, 2023, the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) released its Artificial Intelligence Risk Management Framework (the “Framework”) guidance document, alongside a companion AI RMF Playbook that suggests ways to navigate and use the Framework. The goal of the Framework is to provide a resource to organizations “designing, developing, deploying, or using AI systems to help manage the many risks of AI and promote trustworthy and responsible development and use of AI systems.” NIST aims for the Framework to offer a practical resource that can be adapted as the AI technologies continue to develop. The release of the Framework follows the release of previous drafts and opportunities for public comment. An initial draft of the Framework was released in March 2022 and a second draft was released in August 2022, prior to the official launch of version 1.0 of the Framework (NIST AI 100-1).
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U.S. AI, IoT, CAV, and Privacy Legislative Update – Fourth Quarter 2022
This quarterly update summarizes key legislative and regulatory developments in the fourth quarter of 2022 related to Artificial Intelligence (“AI”), the Internet of Things (“IoT”), connected and autonomous vehicles (“CAVs”), and data privacy and cybersecurity.
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President Biden Signs Quantum Computing Cybersecurity Preparedness Act
In the final days of 2022, President Biden signed into law the “Quantum Computing Cybersecurity Preparedness Act”. The Act recognizes that current encryption protocols used by the federal government might one day be vulnerable to compromise as a result of quantum computing, which could allow adversaries of the United States to steal sensitive encrypted data. To address these concerns, the Act will require an inventory and prioritization of vulnerable information technology in use by federal agencies; a plan to migrate existing information technology systems; and reports to Congress on the progress of the migration and funding required.
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