Photo of Kate M. Growley, CIPP/G, CIPP/USPhoto of Adelicia R. CliffePhoto of Michael AtkinsonPhoto of Jonathan M. BakerPhoto of Laura J. Mitchell BakerPhoto of Michelle Coleman

On March 17, 2022, the National Institute of Standards and Technology (“NIST”) published an initial draft of its Artificial Intelligence (AI) Risk Management Framework (“AI RMF”) to promote the development and use of responsible AI technologies and systems.  When final, the three-part AI RMF is intended for voluntary use and to improve the ability to incorporate trustworthiness considerations into the design, development, use, and evaluation of AI products, services, and systems.  NIST has only developed the first two parts in this initial draft:

  • In Part I, Motivation, the AI RMF establishes the context for the AI risk management process.  It provides three overarching risks & characteristics that should be identified and managed related to AI systems: technical, socio-technical, and guiding principles.
  • In Part II, Core and Profiles, the AI RMF provides guidance on outcomes and activities to carry out the risk management process to maximize the benefits and minimize the risks of AI.  It states that the core comprises three elements: functions, categories, and subcategories.  The initial draft examines how “functions organize AI risk management activities at their highest level to map, measure, manage, and govern AI risks.”

The forthcoming Part III will provide guidance on how to use the AI RMF—like a practice guide—and will be developed from feedback to this initial draft.

Overall, the goal of the AI RMF is to be used with any AI system across a wide spectrum of types, applications, and maturity, and by individuals and organizations, regardless of sector, size, or level of familiarity with a specific type of technology.  That said, NIST cautions that the AI RMF will not be a checklist and should not be used in any way to certify an AI system.  Similarly, it may not be used as a substitute for due diligence and judgment by organizations or individuals in deciding whether to design, develop, and deploy AI technologies.

Along with the AI RMF, the NIST also released Special Publication 1270 outlining standards to address bias in AI, titled “Towards a Standard for Identifying and Managing Bias in Artificial Intelligence” (“Guidance”).  NIST’s stated intent in releasing the Guidance is “to surface the salient issues in the challenging area of AI bias, and to provide a first step on the roadmap for developing detailed socio-technical guidance for identifying and managing AI bias.” Specifically, the Guidance:

  • describes the stakes and challenges of bias in AI and provides examples of how and why it can chip away at public trust;
  • identifies three categories of bias in AI—systemic, statistical, and human—and describes how and where they contribute to harms; and
  • describes three broad challenges for mitigating bias—datasets, testing and evaluation, and human factors—and introduces preliminary guidance for addressing them.

The Guidance provides a number of helpful recommendations that AI developers and risk management professionals may consider to help identify, mitigate, and remediate bias throughout the AI lifecycle.

At the direction of Congress, NIST is seeking collaboration with both public and private sectors to develop the AI RMF.  NIST seeks public comments by April 29, 2022, which will be incorporated in the second draft of the AI RMF to be published this summer or fall.  In addition, from March 29-31, 2022, NIST is holding a two-part workshop on the AI RMF and bias in AI.

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Photo of Kate M. Growley, CIPP/G, CIPP/US Kate M. Growley, CIPP/G, CIPP/US

Kate M. Growley (CIPP/US, CIPP/G) is a director in Crowell & Moring International’s Southeast Asia regional office. Drawing from over a decade of experience as a practicing attorney in the United States, Kate helps her clients navigate and shape the policy and regulatory…

Kate M. Growley (CIPP/US, CIPP/G) is a director in Crowell & Moring International’s Southeast Asia regional office. Drawing from over a decade of experience as a practicing attorney in the United States, Kate helps her clients navigate and shape the policy and regulatory environment for some of the most complex data issues facing multinational companies, including cybersecurity, privacy, and digital transformation. Kate has worked with clients across every major sector, with particular experience in technology, health care, manufacturing, and aerospace and defense. Kate is a Certified Information Privacy Professional (CIPP) in both the U.S. private and government sectors by the International Association of Privacy Professionals (IAPP). She is also a Registered Practitioner with the U.S. Cybersecurity Maturity Model Certification (CMMC) Cyber Accreditation Body (AB).

Photo of Adelicia R. Cliffe Adelicia R. Cliffe

Adelicia Cliffe is a partner in the Washington, D.C. office, a member of the Steering Committee for the firm’s Government Contracts Group, and a member of the International Trade Group. Addie is also co-chair of the firm’s National Security practice. Addie has been…

Adelicia Cliffe is a partner in the Washington, D.C. office, a member of the Steering Committee for the firm’s Government Contracts Group, and a member of the International Trade Group. Addie is also co-chair of the firm’s National Security practice. Addie has been named as a nationally recognized practitioner in the government contracts field by Chambers USA.

Photo of Michael Atkinson Michael Atkinson

Michael K. Atkinson is the former chief watchdog of the U.S. intelligence agencies and served in senior U.S. Department of Justice roles spanning two decades. He has led dozens of high-profile investigations and offers clients a rare combination of experience in criminal defense…

Michael K. Atkinson is the former chief watchdog of the U.S. intelligence agencies and served in senior U.S. Department of Justice roles spanning two decades. He has led dozens of high-profile investigations and offers clients a rare combination of experience in criminal defense and corporate compliance. Michael’s practice focuses on white collar defense, national security, internal and congressional investigations, and parallel civil and regulatory enforcement proceedings. His work also includes high-stakes compliance advice on strategic issues such as cross-border investigations and the use of artificial intelligence/machine learning (AI/ML) programs. He is a partner in the firm’s Washington, D.C. office, working with the White Collar & Regulatory Enforcement and Investigations groups. Michael is also a co-leader of the firm’s National Security Practice and Whistleblower Working Group.

Photo of Jonathan M. Baker Jonathan M. Baker

Jonathan M. Baker is a partner in Crowell & Moring’s Washington, D.C. office. He practices in the Government Contracts Group.

Jon advises clients on a wide array of government contracts legal issues, including both federal and state bid protests, prime-sub disputes, government contracts…

Jonathan M. Baker is a partner in Crowell & Moring’s Washington, D.C. office. He practices in the Government Contracts Group.

Jon advises clients on a wide array of government contracts legal issues, including both federal and state bid protests, prime-sub disputes, government contracts due diligence and transactions, regulatory compliance, and contract terminations. Jon’s practice has a notable emphasis on technology-related issues, including counseling clients in the areas of patent and data rights, responding to government challenges to technical data and computer software rights assertions, and litigating cases involving complex and cutting edge technologies. Jon also provides guidance on national security matters, such as National Industrial Security Program Operating Manual compliance and facility and security clearance matters. In addition, Jon has advised clients on local government contract negotiation, internal and government investigations regarding potential False Claims Act issues, and export violations. Jon is also actively involved in the firm’s pro bono program, having litigated prisoner neglect, parental rights termination, and landlord-tenant matters.

Photo of Laura J. Mitchell Baker Laura J. Mitchell Baker

Laura J. Mitchell Baker is a counsel with Crowell & Moring’s Government Contracts Group in the firm’s Washington, D.C. office.

Laura represents government contractors in litigation and administrative matters, including contract disputes with state and federal entities, suspension and debarment proceedings, mandatory disclosures…

Laura J. Mitchell Baker is a counsel with Crowell & Moring’s Government Contracts Group in the firm’s Washington, D.C. office.

Laura represents government contractors in litigation and administrative matters, including contract disputes with state and federal entities, suspension and debarment proceedings, mandatory disclosures to the government, prime-sub disputes, and False Claims Act investigations. Her practice also includes counseling on federal, state, and local government contracts, government contracts due diligence, and regulatory and compliance matters, as well as conducting internal investigations.

Photo of Michelle Coleman Michelle Coleman

Michelle D. Coleman is a counsel in the Government Contracts Group in Crowell & Moring’s Washington, D.C. office. Michelle advises clients from diverse industries in connection with contract disputes and other government contract matters, including Contract Disputes Act (CDA) claims and requests for…

Michelle D. Coleman is a counsel in the Government Contracts Group in Crowell & Moring’s Washington, D.C. office. Michelle advises clients from diverse industries in connection with contract disputes and other government contract matters, including Contract Disputes Act (CDA) claims and requests for equitable adjustments, fiscal law questions, prime-sub disputes, and bid protests.