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 Judge Finds Israel's NSO Group Liable for Hacking in WhatsApp Lawsuit

Israeli cyber firm NSO Group's exhibition stand is seen at "ISDEF 2019", an international defense and homeland security expo, in Tel Aviv, Israel June 4, 2019. REUTERS/Keren Manor/File Photo
Israeli cyber firm NSO Group's exhibition stand is seen at "ISDEF 2019", an international defense and homeland security expo, in Tel Aviv, Israel June 4, 2019. REUTERS/Keren Manor/File Photo
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US Judge Finds Israel's NSO Group Liable for Hacking in WhatsApp Lawsuit

Israeli cyber firm NSO Group's exhibition stand is seen at "ISDEF 2019", an international defense and homeland security expo, in Tel Aviv, Israel June 4, 2019. REUTERS/Keren Manor/File Photo
Israeli cyber firm NSO Group's exhibition stand is seen at "ISDEF 2019", an international defense and homeland security expo, in Tel Aviv, Israel June 4, 2019. REUTERS/Keren Manor/File Photo

A US judge ruled on Friday in favor of Meta Platforms' WhatsApp in a lawsuit accusing Israel's NSO Group of exploiting a bug in the messaging app to install spy software allowing unauthorized surveillance.

US District Judge Phyllis Hamilton in Oakland, California, granted a motion by WhatsApp and found NSO liable for hacking and breach of contract.

The case will now proceed to a trial only on the issue of damages, Hamilton said. NSO Group did not immediately respond to an emailed request for comment, according to Reuters.

Will Cathcart, the head of WhatsApp, said the ruling is a win for privacy.

"We spent five years presenting our case because we firmly believe that spyware companies could not hide behind immunity or avoid accountability for their unlawful actions," Cathcart said in a social media post.

"Surveillance companies should be on notice that illegal spying will not be tolerated."

Cybersecurity experts welcomed the judgment.

John Scott-Railton, a senior researcher with Canadian internet watchdog Citizen Lab — which first brought to light NSO’s Pegasus spyware in 2016 — called the judgment a landmark ruling with “huge implications for the spyware industry.”

“The entire industry has hidden behind the claim that whatever their customers do with their hacking tools, it's not their responsibility,” he said in an instant message. “Today's ruling makes it clear that NSO Group is in fact responsible for breaking numerous laws.”

WhatsApp in 2019 sued NSO seeking an injunction and damages, accusing it of accessing WhatsApp servers without permission six months earlier to install the Pegasus software on victims' mobile devices. The lawsuit alleged the intrusion allowed the surveillance of 1,400 people, including journalists, human rights activists and dissidents.

NSO had argued that Pegasus helps law enforcement and intelligence agencies fight crime and protect national security and that its technology is intended to help catch terrorists, pedophiles and hardened criminals.

NSO appealed a trial judge's 2020 refusal to award it "conduct-based immunity," a common law doctrine protecting foreign officials acting in their official capacity.

Upholding that ruling in 2021, the San Francisco-based 9th US Circuit Court of Appeals called it an "easy case" because NSO's mere licensing of Pegasus and offering technical support did not shield it from liability under a federal law called the Foreign Sovereign Immunities Act, which took precedence over common law.

The US Supreme Court last year turned away NSO's appeal of the lower court's decision, allowing the lawsuit to proceed.