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On November 2, 2023, the Department of Defense (DoD) released its 2023 DoD Data, Analytics, and Artificial Intelligence Adoption Strategy (2023 Strategy), and an accompanying Fact Sheet, to accelerate the adoption of analytics, data, and artificial intelligence (AI) technologies that will enable better and faster decision-making at all levels and across the DoD.  The 2023 Strategy builds upon and supersedes the DoD’s first AI Strategy published in 2019, reported on here, and the revised Data Strategy published in 2020 to continue the DoD’s digital transformation, unifying previous guidance and enabling stronger alignment and synchronization to scale advanced capabilities for use across the DoD. …

Continue Reading DoD Releases Additional Guidance on the Department’s Artificial Intelligence Strategy

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This week’s episode covers FedRAMP’s announcement about AI-related products, the White House’s next phase of the federal government’s enterprise procurement approach (the Better Contracting Initiative), NIST’s updates regarding protection of controlled unclassified information, and the HHS OIG publication of its General Compliance Program Guidance, and is hosted by Peter Eyre and Yuan Zhou. Crowell &…

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Artificial Intelligence, Small Business Subcontracting, JV Security Clearances

This week’s episode covers the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, a final SBA rule allowing prime contractors to receive small business credit for lower-tier subcontracts in certain situations, and a notice providing guidance concerning joint ventures and access…

Photo of Michael G. Gruden, CIPP/GPhoto of Evan D. WolffPhoto of Laura J. Mitchell BakerPhoto of Kate BealePhoto of Lorraine M. CamposPhoto of Michelle ColemanPhoto of Aaron CummingsPhoto of Jodi G. DanielPhoto of Kate GrowleyPhoto of Jacob HarrisonPhoto of Garylene “Gage” JavierPhoto of Matthew MoisanPhoto of Lidia Niecko-NajjumPhoto of Eric RansomPhoto of Anna Z. SaberPhoto of Neda ShaheenPhoto of Roma SharmaPhoto of Christiana StatePhoto of William TuckerPhoto of Jennie Wang VonCannonPhoto of Alexis WardPhoto of Tiffany Wynn

On October 30, 2023, President Biden released an Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI).  This landmark EO seeks to advance the safe and secure development and deployment of AI by implementing a society-wide effort across government, the private sector, academia, and civil society to harness “AI for good,” while mitigating its substantial risks.…

Continue Reading Biden’s Executive Order on Artificial Intelligence

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On September 14, 2023, the Senate Committee on Homeland Security & Governmental Affairs hosted a hearing called “Governing AI Through Acquisition and Procurement” (Hearing).  Senator Gary Peters (D-MI) opened the Hearing, explaining that the purpose was to explore how the U.S. government would purchase AI technologies and establish guidelines and standards for the development and use of those technologies.  Sen. Peters noted that over half of AI tools used by the federal government are purchased from commercial vendors and that the U.S. government should be careful in its procurement and use of these tools.

The hearing covered a wide range of topics, including:  (i) how the U.S. government can establish standards for AI data to better serve the needs of AI vendors/contractors when procuring AI technology; (ii) potential changes to procurement training; (iii) how the acquisition process can be changed to adapt to the unique demands of AI procurement; (iv) how the procurement process can be used to influence the development of AI technologies; and (v) other topics including potential censorship, AI bias, and government overreach as discussed below.…

Continue Reading Congress Discusses How To Govern The Acquisition of AI

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On July 21, 2023, the Biden administration announced that seven companies leading the development of artificial intelligence (AI) — Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI — have made voluntary commitments, which the companies agreed to undertake immediately, to help move towards safe, secure, and transparent development of AI technology. The goal of the voluntary commitments, or the “AI Agreement” as it is informally dubbed, is to establish a set of standards that promote the principles of safety, security, and trust deemed fundamental to the future of AI.

Continue Reading Private Sector Helps Lead the Way: Biden-Harris Administration Secures Voluntary Commitments from Leading Artificial Intelligence Companies to Manage the Risks Posed by AI

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This week’s episode covers a GAO report on DoD artificial intelligence acquisition, an update on the CIO-SP4 procurement, and a bid protest decision involving a dispute about the enforceability of non-compete agreements, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief…

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On June 29, 2023, the Government Accountability Office (GAO) released its second report[1] on Department of Defense (DoD) artificial intelligence (AI) acquisition efforts.  This latest report examines the DoD’s lack of formal AI acquisition guidance and identifies key principles from the private sector that can be applied to the DoD’s AI acquisition efforts. 

Although…