We asked a government agency about AI. They sent us 62 blacked out pages.
When it comes to understanding artificial intelligence and its role in the government, expect to encounter a black box.
Or two.
Or 62.
That’s exactly how many entirely blacked-out pages Raw Story received in response to a Freedom of Information Act request that asked a federal government agency for records about its use of — and potential threats from — artificial intelligence.
The Export-Import Bank — the federal export credit agency that supports American businesses in exporting their products abroad to compete in foreign markets — responded in a decidedly non-transparent fashion, sending Raw Story a heavily redacted 136-page document earlier this month.
An “IT Modernization Strategy” planning document, for example, was blacked out in its entirety.
The few records that included comprehensive information often addressed AI- and computer-related security concerns. The Ex-Im Bank disclosed presentation slides from a routine security awareness training and a warning from the agency’s chief information officer about phishing attacks, which attempt to trick recipients into sharing personal information or downloading malware by posing as legitimate people or organizations via messages.
Howard Spira, the Ex-Im Bank’s CIO and senior vice president, noted on June 8 “an uptick” in phishing emails targeting staff through messages pretending to be from “EXIM Senior Officials.”
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“The rapid release of powerful generative AI tools, e.g., ChatGPT, is also quickly leading to a significant improvement of the quality and believability of phishing attacks,” Spira wrote. “Scammers are using AI to automate various aspects of a phishing attack, making them more effective and targeted.”
Otherwise, any information about how the agency itself is using artificial intelligence — a rapidly evolving technology giving machines the power to simulate human intelligence and problem solving — was withheld by agency officials.
Raw Story filed its FOIA request, which sought agency records from a seven-month period starting in November 2022, on May 25. It took the agency nearly 10 months to respond with its heavily redacted documents.
‘No government-wide guidance’ for AI
The Export-Import Bank’s refusal to release detailed information about its use of and relationship with AI comes as government entities and private business alike grapple with the potential benefits and threats of AI technology.
Congress, for one, has conducted several recent hearings on various aspects of AI.
And AI has become an unchecked force on the campaign trail, too, with many politicians fretting about bad actors using AI to misrepresent them and harm their reputations.
But the government, as a whole, lacks consistency around how it regulates the use of AI.
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“There’s no government-wide guidance on how agencies should acquire and use AI,” said a December report from the U.S. Government Accountability Office. “Without such guidance, agencies can't consistently manage AI. And until all requirements are met, agencies can't effectively address AI risks and benefits.”
President Joe Biden issued an executive order in October announcing a "coordinated, Federal Government-wide approach" to the development and use of AI, which he said "holds extraordinary potential for both promise and peril."
In response to Raw Story’s questions about how the Export-Import Bank uses AI, Lennell Jackson, a FOIA public liaison with the Ex-Im Bank, pointed to an undated webpage that said the agency did not identify any AI use cases — ”specific challenges or opportunities that AI may solve,” according to the Government Accountability Office.
Jackson declined further comment. Any other questions about the Ex-Im Bank’s AI policies and procedures, she said, could only be addressed by Raw Story administratively appealing the agency’s decision to not release unredacted AI-related records. Raw Story is awaiting a response to its appeal.
The Ex-Im Bank’s Office of Communications and External Engagement did not respond to Raw Story's request for comment.
‘They pick and choose’: Obtaining government records
The Freedom of Information Act is a 57-year-old law intended to provide the public with transparency about the federal government through access to previously undisclosed information and documents.
But the government may choose to withhold records by claiming one of nine exemptions
In Raw Story’s case, the Ex-Im Bank withheld records by citing the “deliberative process privilege.” This exemption aims to protect the agency’s decision making processes and its staff’s ability to express “candid opinions” and “free and frank exchange of information,” said a March 15 letter from Lance Matthews, deputy chief FOIA officer at the Ex-Im Bank.
“We have applied the ‘foreseeable harm’ standard in reviewing these records and have balanced the harm that disclosure would have to a protected interest against the goal of maximizing discretionary disclosure,” Matthews wrote.
Jamie Wright, a California attorney and political strategist, told Raw Story she has found government agencies to not be forthright and transparent when fulfilling FOIA requests as “they pick and choose when they want to be,” she said.
Oftentimes, lack of disclosure from government agencies relates to “fraud, waste and abuse” or toeing “the ethical line when it comes to a lot of their decision-making processes,” Wright said.
“Whenever you're dealing with a government entity you can expect to get stonewall after stonewall after stonewall, and typically they're not going to be forthright, absent some kind of court order compelling them to,” said Wright, who has won her own legal battles against government agencies using the “deliberative process privilege” exemption.
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However, given how new and quickly evolving artificial intelligence is, Wright expects that the Ex-Im Bank is likely protecting itself from “serious legal ramifications” by avoiding premature disclosure of any AI policies, she said.
Over the past year, Raw Story has fought for disclosure of public records from public universities to local governments, revealing previously undisclosed information about taxpayer money usage and public and government concerns about political appearances.
In August, Raw Story filed a federal lawsuit against the U.S. Department of Defense and U.S. Department of the Navy, following the agencies’ refusal to release records related to a former U.S. Marine and avowed neo-Nazi.
Facebook post by Derrick Evans. (Facebook screen grab)
Derrick Evans at the January 6 insurrection as shown in a court document.