The United States’ Intelligence Community Releases Guidance on Artificial Intelligence Models
What is the Guidance About?
The United States’ Intelligence Community (IC) has released Interim Guidance on the acquisition and use of foundation AI models (FMs). This guidance is provided by inter-agency lawyers and concerns the application of AG guidelines and policies to the IC’s acquisition and use of FMs.
Model Acquisition
The document defines FM acquisition by IC elements as when it is hosted or accessed in a manner different from that available to the public for the model. It also defines the criteria on which training data is considered to have been collected. Acquiring a FM does not in itself constitute collection of training data; this depends on whether the IC element is able to access the data in its initial form, and whether it is authorized and intends to do so.
Model Modification and Augmentation
IC elements may modify or augment an acquired FM through fine-tuning – a form of modification that involves additional training on data collected by IC elements, which alters its model weights, or, in the case of augmentation, they may choose to connect it to other data and/or tools, without altering the model weights. The guidance states that covered information cannot be used by IC elements to modify or augment a FM unless the purpose and use complies with Attorney General (AG) approved guidelines. In addition, IC elements are not permitted to modify or augment a FM using data obtained or derived from the Foreign Intelligence Surveillance Act (FISA) without coordinating with the Department of Justice and Office of the Director of National Intelligence.
Model Prompts and Outputs
The document defines the circumstances in which information, returned from a prompt, can be considered as "collection":
- If the data is understood as not currently held (collected or acquired) by the IC element. However, it would be considered as "collection" if the information is copied, saved, supplemented or used.
- If the data is understood to have already been collected by the IC element, it should not be considered "collection" unless an articulable and/or case-specific reason is provided.
Conclusion
The guidance provides important clarification on the acquisition, modification, and use of FMs by IC elements. However, one question that the Interim Guidance does not address concerns the sharing of resources and models, once they have been modified or augmented, between agencies within or beyond the intelligence sphere. It is reasonable to expect some clarification and updates on this subject in the coming months.
Frequently Asked Questions
- What is the purpose of the Interim Guidance?
The purpose of the Interim Guidance is to provide clarification on the acquisition, modification, and use of FMs by IC elements. - How does the guidance define FM acquisition?
The guidance defines FM acquisition by IC elements as when it is hosted or accessed in a manner different from that available to the public for the model. - Can IC elements modify or augment FMs?
Yes, IC elements may modify or augment an acquired FM through fine-tuning or augmentation, but only if the purpose and use complies with Attorney General (AG) approved guidelines.
