The U.S. Intelligence Community (IC) is a federation of 18 organizations, including the CIA, the NSA and the Office of the Director of National Intelligence. It gathers and analyzes intelligence to conduct foreign relations and national security activities.
The IC has recently interim guidance providing critical framework for how U.S. intelligence agencies can leverage artificial intelligence foundation models while safeguarding Americans’ constitutional rights. This guidance represents a significant step in balancing national security imperatives with privacy protections.
The guidance addresses three key areas: model acquisition, modification and usage.
With respect to model acquisition, the guidance takes a nuanced approach to when an agency “acquires” an AI foundation model. This occurs when the agency accesses or hosts the model differently than the general public would – for instance, through government infrastructure or specialized API access. Importantly, merely acquiring a model trained on U.S. person data doesn’t constitute “collection” of that data. This distinction becomes relevant only if the agency can access and intends to access the original training data.
The document provides clear parameters for model modification and augmentation. Intelligence agencies may modify these models through fine-tuning or by connecting them to additional resources. However, when using IC-collected data, agencies must strictly adhere to Attorney General Guidelines. The guidance places particular emphasis on FISA-obtained information, requiring special approval processes and consultation with legal, AI and privacy officials before any modifications can proceed.
Perhaps most significantly, the guidance establishes clear protocols for model prompts and outputs. Every prompt must serve an authorized purpose, with new information obtained through prompts counting as “collection” if saved or used. This represents a careful balance between enabling intelligence gathering and protecting privacy rights. The guidance encourages agencies to develop robust tracking mechanisms for U.S. person information retrieved from these systems.
The interim nature of this guidance reflects the rapidly evolving AI landscape. A six-month review requirement ensures the framework can adapt to technological advances and emerging privacy concerns. This adaptive approach demonstrates the IC’s commitment to responsible AI adoption while maintaining necessary oversight.
For legal practitioners, this guidance offers several important considerations. First, it establishes clear definitions for technical terms like foundation models, large language models, and frontier models, providing crucial clarity for legal interpretation. Second, it creates a framework for determining when AI usage triggers various privacy protections and reporting requirements. Finally, it emphasizes the need for proactive compliance measures rather than reactive responses to privacy concerns.
Looking ahead, this guidance will likely shape how intelligence agencies integrate increasingly sophisticated AI systems into their operations. The framework’s emphasis on privacy protections and oversight mechanisms suggests a thoughtful approach to balancing innovation with constitutional rights.
Organizations working with intelligence agencies should pay particular attention to these requirements, as they may influence contracting requirements and operational parameters for AI-related projects. Additionally, privacy advocates and civil liberties organizations will likely watch closely how these guidelines are implemented in practice.
The guidance represents a significant step forward in establishing clear rules for AI use in intelligence gathering while maintaining robust privacy protections. As artificial intelligence continues to evolve, this framework provides a foundation for responsible adoption of these powerful tools within the intelligence community.
For legal professionals advising clients in this space, understanding these guidelines will be crucial for ensuring compliance while maximizing the potential benefits of AI technology in national security applications. The balance struck between innovation and privacy protection may well serve as a model for other government agencies grappling with similar challenges in the AI era.