National Security and Federalizing Data Privacy Infrastructure for AI Governance

26 Pages Posted: 28 Mar 2024 Last revised: 3 Apr 2024

Date Written: March 27, 2024

Abstract

This Essay contends that data infrastructure, when implemented on a national scale, can transform the way we conceptualize artificial intelligence (AI) governance. AI governance is often viewed as necessary for a wide range of strategic goals, including national security. It is widely understood that allowing AI and generative AI to remain self-regulated by the U.S. AI industry poses significant national security risks. Data infrastructure and AI oversight can assist in multiple goals, including: maintaining data privacy and data integrity; increasing cybersecurity; and guarding against information warfare threats. This Essay concludes that conceptualizing data infrastructure as a form of critical infrastructure can reinforce domestic national security strategies. With the growing threat of AI weaponry and information warfare, data privacy and information security are core to cyber defense and national security. Data infrastructure can be seen as an integrated critical infrastructure strategy in constructing AI governance legally and technically.

Keywords: Artificial Intelligence, AI Governance, Data Privacy, Data Protection, Cybersecurity, Critical Infrastructure, National Security

Suggested Citation

Hu, Margaret and Behar, Eliott and Ottenheimer, Davi, National Security and Federalizing Data Privacy Infrastructure for AI Governance (March 27, 2024). William & Mary Law School Research Paper No. 09-488, Fordham Law Review, Vol. 92, No. 1829, 2024, Available at SSRN: https://ssrn.com/abstract=4775242

Margaret Hu (Contact Author)

William & Mary Law School ( email )

Williamsburg, VA
United States

Eliott Behar

Independent ( email )

Davi Ottenheimer

Inrupt

United States

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