I. Responsible Use and Well-Designed Safeguards Are Essential if AI is to Aid National Security and Uphold Our Constitutional Values

Principles for Ensuring Responsible Use of AI Technologies The Department of Homeland Security (“DHS”) has taken a positive step in highlighting the need for responsible use of AI in its recently published AI Roadmap, and offering principles for doing so.3 Notably, the Roadmap commits to its use of AI being “rigorously tested,” “safeguard[ing] privacy, civil rights, and civil liberties,” and being. [...] Facial Recognition as a Case Study of Why Responsible Use Is Key for Both Security and Democratic Values Facial recognition serves as a premiere example of why responsible use of AI technologies is critical to ensuring safety as well as civil rights and civil liberties, and why the principles described above serve as the foundation for responsible use. [...] In its recent AI Roadmap, DHS noted that responsible use of AI requires “continuous monitoring to build trust and accountability in AI applications,” and the agency committed to establishing “safe, secure, and trustworthy use of AI by DHS through robust governance and oversight policies and practices.”31 Congress should take steps in support of that goal through the measures discussed below. [...] These reports should include information describing: 1) the type of AI technologies used; 2) the types of data being analyzed by each AI technology used; 3) the types of government activities each AI technology is used for; 4) the number of individuals impacted by AI technologies and nature of that impact; and 5) the number of criminal, immigration, and administrative court proceedings in which ev. [...] Careful Evaluation of AI Is Key to Defending Against Modern Threats As Congress evaluates government use of AI in the national security space and proper safeguards, it is also important to consider how understanding and preparing for use of AI is necessary to defend against modern threats to security.