Review - S 4230 Introduced – Secure AI Act

Last month, Sen Warner (D,VA) introduced S 4230, the Secure Artificial Intelligence (Secure A.I.) Act of 2024. The bill would provide for voluntary reporting and tracking of AI security and safety incidents. It would require updating of the Common Vulnerabilities and Exposures Program to better include AI vulnerabilities. It would also establish within the NSA’s Cybersecurity Collaboration Center an AI security center. No new funding is authorized by this bill.

Moving Forward

Neither Warner nor his sole cosponsor {Sen Tillis (R,NC)} are members of the Senate Commerce, Science, and Technology Committee to which this bill was assigned for consideration. This means that there is not likely enough influence to see this bill considered in Committee. I suspect that there would be some level of bipartisan support for this legislation were it to be considered. Unfortunately, like most proposed legislation, this bill is not politically important enough for the Senate to take up the bill under regular order. This leaves the unanimous consent process, which allows a single Senator to stop consideration, or add the language in the bill as an amendment to some more politically important legislation. Both processes are very iffy.

Commentary

As more control system vendors are offering AI enhanced systems to control operational technology (OT), safety and security of such AI enhanced systems is becoming more important. The second part of the definition of ‘artificial intelligence safety incident’ clearly attempts to address OT use of AI. Unfortunately, there is not equivalent OT language in the definition of ‘artificial intelligence security incident’. I would add a new §2(2)(C):

“(C) the ability of a third party to manipulate an artificial intelligence system in order to cause the loss of view, or the of loss of control of an operational control system.”

 

For more information on the provisions of this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-4230-introduced - subscription required.

Bills Introduced – 5-1-24

Yesterday, with both the House and Senate in session, there were 62 bills introduced. Three of those bills may receive additional attention here:

HR 8197 To amend the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 to impose sanctions on foreign countries in response to acts concerning chemical or biological programs that cause injury to other foreign countries, and for other purposes. Banks, Jim [Rep.-R-IN-3]

HR 8216 To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2024 through 2028, and for other purposes. Ruiz, Raul [Rep.-D-CA-25]

S 4230 A bill to improve the tracking and processing of security and safety incidents and risks associated with artificial intelligence, and for other purposes. Warner, Mark R. [Sen.-D-VA]

I will be covering HR 8197 and HR 8216, but I doubt that HR 8216 will be going anywhere as the Senate has started consideration of HR 3935, on the same topic. More on bill later.

I will be watching S 4230 for language and definitions that would specifically include AI used in support or control of operational technology.