AI Companies Will Need to Start Reporting their Safety Tests to the US Government

AI (Artificial Intelligence) letters are placed on computer motherboard in this illustration taken June 23, 2023. (Reuters)
AI (Artificial Intelligence) letters are placed on computer motherboard in this illustration taken June 23, 2023. (Reuters)
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AI Companies Will Need to Start Reporting their Safety Tests to the US Government

AI (Artificial Intelligence) letters are placed on computer motherboard in this illustration taken June 23, 2023. (Reuters)
AI (Artificial Intelligence) letters are placed on computer motherboard in this illustration taken June 23, 2023. (Reuters)

The Biden administration will start implementing a new requirement for the developers of major artificial intelligence systems to disclose their safety test results to the government.
The White House AI Council is scheduled to meet Monday to review progress made on the executive order that President Joe Biden signed three months ago to manage the fast-evolving technology.
Chief among the 90-day goals from the order was a mandate under the Defense Production Act that AI companies share vital information with the Commerce Department, including safety tests.
Ben Buchanan, the White House special adviser on AI, said in an interview that the government wants "to know AI systems are safe before they’re released to the public — the president has been very clear that companies need to meet that bar.”
The software companies are committed to a set of categories for the safety tests, but companies do not yet have to comply with a common standard on the tests. The government's National Institute of Standards and Technology will develop a uniform framework for assessing safety, as part of the order Biden signed in October.
AI has emerged as a leading economic and national security consideration for the federal government, given the investments and uncertainties caused by the launch of new AI tools such as ChatGPT that can generate text, images and sounds. The Biden administration also is looking at congressional legislation and working with other countries and the European Union on rules for managing the technology.
The Commerce Department has developed a draft rule on US cloud companies that provide servers to foreign AI developers.
Nine federal agencies, including the departments of Defense, Transportation, Treasury and Health and Human Services, have completed risk assessments regarding AI's use in critical national infrastructure such as the electric grid.
The government also has scaled up the hiring of AI experts and data scientists at federal agencies.
“We know that AI has transformative effects and potential,” Buchanan said. “We’re not trying to upend the apple cart there, but we are trying to make sure the regulators are prepared to manage this technology.



US Defends Law Forcing Sale of TikTok App

This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
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US Defends Law Forcing Sale of TikTok App

This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)

The Justice Department late Friday filed its response to TikTok's civil suit aimed at derailing a law that would force the app to be sold or face a US ban.

TikTok's suit in a Washington federal court argues that the law violates First Amendment rights of free speech.

The US response counters that the law addresses national security concerns, not speech, and that TikTok's Chinese parent company ByteDance is not able to claim First Amendment rights here.

The filing details concerns that ByteDance could, and would, comply with Chinese government demands for data about US users or yield to pressure to censor or promote content on the platform, senior justice department officials said in a briefing.

"The goal of this law is to ensure that young people, old people and everyone in between is able to use the platform in a safe manner," a senior justice department official said.

"And to use it in a way confident that their data is not ultimately going back to the Chinese government and what they're watching is not being directed by or censored by the Chinese government."

The response argues that the law's focus on foreign ownership of TikTok takes it out of the realm of the First Amendment.

US intelligence agencies are concerned that China can "weaponize" mobile apps, justice department officials said.

"It's clear that the Chinese government has for years been pursuing large, structured datasets of Americans through all sorts of manner, including malicious cyber activity; including efforts to buy that data from data brokers and others, and including efforts to build sophisticated AI models that can utilize that data," a senior justice department official said.

TikTok has said the demanded divestiture is "simply not possible" -- and not on the timeline required.

The bill signed by President Joe Biden early this year set a mid-January 2025 deadline for TikTok to find a non-Chinese buyer or face a US ban.

The White House can extend the deadline by 90 days.

"For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than one billion people worldwide," said the suit by TikTok and ByteDance.

- TikTok shutdown? -

ByteDance has said it has no plans to sell TikTok, leaving the lawsuit, which will likely go to the US Supreme Court, as its only option to avoid a ban.

"There is no question: the Act will force a shutdown of TikTok by January 19, 2025," the lawsuit said, "silencing (those) who use the platform to communicate in ways that cannot be replicated elsewhere."

TikTok first found itself in the crosshairs of former president Donald Trump's administration, which tried unsuccessfully to ban it.

That effort got bogged down in the courts when a federal judge temporarily blocked Trump's attempt, saying the reasons for banning the app were likely overstated and that free speech rights were in jeopardy.

The new effort signed by Biden was designed to overcome the same legal headaches, and some experts believe the US Supreme Court could be open to allowing national security considerations to outweigh free speech protection.

"We view the statute as a game changer from the arguments that were in play back in 2020," a senior justice department official said.

There are serious doubts that any buyer could emerge to purchase TikTok even if ByteDance would agree to the request.

Big tech's usual suspects, such as Facebook parent Meta or YouTube's Google, will likely be barred from snapping up TikTok over antitrust concerns, and others could not afford one of the world's most successful apps used by about 170 million people in the United States alone.