McCarter & English partner Erin M. Prest spoke with Law360 about the Trump administration’s AI cybersecurity directive, explaining the legal, regulatory, and business considerations for developers evaluating whether to voluntarily share advanced AI models with the federal government.
“From companies’ perspective, it’s a little bit of a gamble,” Erin said. “While voluntarily complying with this executive order and submitting your model to the government ahead of time could garner you some good will or help from the government with finding flaws and vulnerabilities, it may also run the risk of alerting the government to what the model is and how it works.”
Erin also noted that some inherent benefits could emerge for developers that choose to share their models such as uncovering new capabilities that may allow them to market their models in unexpected ways or getting the opportunity to fix vulnerabilities before they go to market. However, these benefits are not as explicit as those provided under the Cybersecurity Information Sharing Act.