In the ever-expanding realm of artificial intelligence (AI), leveraging the Federal Government's extensive, copyright-free information has become a pivotal opportunity and challenge for Chief FOIA Officers.

Large language model (LLM) companies, such as OpenAI and Microsoft, continually seek large quantities of data to enhance the capabilities of their AI platforms often involving proprietary, copyrighted information. And this can lead to legal battles. A recent lawsuit by The New York Times against OpenAI and Microsoft is the first of perhaps many more examples to come. 

The lawsuit filed by the Times also signals potential challenges for FOIA officers, as it anticipates a surge in FOIA requests for copyright-free information, reflecting a growing emphasis on transparency and ethical AI development. Governed by the Freedom of Information Act (FOIA), the government's repository offers diverse datasets crucial for AI advancements.

For instance, if an AI company wants to improve its language model's understanding of legal texts, it might be interested in accessing a broad range of legal documents. Since the federal government holds a vast repository of copyright-free legal materials, the AI company could submit FOIA requests to the government to obtain access to relevant datasets, marking a shift in sourcing training data.

Hence, FOIA officers may experience an increase in requests specifically targeting information free from copyright restrictions, highlighting the evolving landscape of AI and data accessibility.

Balancing Transparency and Privacy in the Age of AI

The role of Chief FOIA Officers is crucial in preparing for the upcoming era of increased demand from AI applications seeking valuable datasets. They play a vital part in maintaining the delicate balance between transparency and privacy as AI technologies continue to evolve.

Of course, the potential implications of AI tapping into the government's copyright-free information are transformative. Industries such as healthcare, finance, and education stand to benefit from the insights derived, fostering innovation and progress. However, the prospect also raises concerns about data security, privacy, and misuse, demanding a collaborative effort between Chief FOIA Officers, AI developers, researchers, and policymakers. 

Moreover, the anticipated surge in FOIA requests for copyright-free information adds additional pressure to organizations already managing substantial workloads and potentially operating at full capacity.

How Chief FOIA Officers Can Prepare

The question becomes, how can the Chief FOIA Officer prepare for the impending uptick in requests? Here are a few strategies to consider. 

Collaboration With AI Experts

First, consider fostering collaboration with AI experts, researchers, and developers. By understanding the capabilities and limitations of AI systems, Chief FOIA Officers can contribute to the development of responsible AI applications that leverage government data.

Facilitating collaboration with AI experts, researchers, and developers opens avenues for innovative applications of government data. For instance, in the healthcare sector, Chief FOIA Officers working alongside AI experts can contribute to the development of predictive models for disease outbreaks, enhancing public health preparedness. 

There are numerous tangible benefits of collaboration, where Chief FOIA Officers can actively shape the responsible use of government data in diverse domains through advancements in AI applications.

Education and Training

Next, provide ongoing education and training for government employees involved in handling FOIA requests. Ensure that staff members are well-versed in the nuances of AI technologies and understand the ethical considerations surrounding the use of government data. 

Implementing continuous education and training programs for government employees engaged in managing FOIA requests is imperative. 

For example, a comprehensive program could include modules on AI technologies, covering topics such as the fundamentals of machine learning, the ethical implications of AI in government contexts, and specific considerations when dealing with FOIA requests related to AI-generated insights. 

Practical examples and case studies could be incorporated to illustrate how AI is applied in various sectors, ensuring that employees not only grasp theoretical concepts but also understand the real-world implications of AI technologies on government data. 

By fostering knowledge about AI capabilities and limitations, employees become better equipped to handle requests involving AI-driven insights from government data. 

An education and training initiative such as this aims to empower government employees, enhancing their proficiency in navigating the intersection of FOIA requests and AI technologies.

Continuous Monitoring and Evaluation

Another consideration is to implement a system for continuous monitoring and evaluation of AI applications using government data. A monitoring system will be crucial in ensuring the effectiveness and ethical use of AI applications leveraging that data. This involves regularly assessing the impact of AI projects, addressing emerging challenges, and refining policies in response to the evolving technological landscape. 

By incorporating ongoing monitoring mechanisms, organizations can adapt swiftly to changes, identify potential risks, and uphold the highest standards of accountability in the deployment of AI technologies. This iterative process contributes to the optimization of AI applications, fostering responsible and impactful integration within the government sector.

Legal Compliance

To stay informed about evolving legal frameworks related to AI and data usage, consistently monitor changes and ensure that all AI applications align with existing laws. Additionally, FOIA Officers can take a proactive approach in advocating for legal frameworks that strike a balance between fostering innovation and safeguarding privacy.

For instance, President Biden's recent Executive Order on artificial intelligence outlines reporting rules for developers concerning their AI models and computing systems. While specific technical details for reporting are yet to be defined, temporary guidelines are in place. AI models using a substantial amount of computing power or primarily biological data meeting certain criteria require reporting. 

Additionally, computing clusters with specific features are subject to reporting. This development not only establishes standards for transparency but could also be an area of interest for public sector officials aiming to track entities actively involved in developing LLMs.

Using Technology to Ease the Burden 

Another important way FOIA officers can better handle the large quantity of FOIA information requests is to utilize document review platforms for efficient and streamlined processes. 

In utilizing these platforms, government legal teams can not only review documents but may also redact information protected under FOIA exemptions or identify documents that are outside the scope of the request. 

These platforms prove invaluable in ensuring a thorough and compliant response to FOIA requests, facilitating a more effective and organized workflow for the review and processing of documents.

For instance, use advanced search features in your ediscovery platform to quickly identify relevant documents and information within large datasets. This can significantly reduce the time spent manually reviewing documents. 

Also, consider implementing a systematic approach to categorize and tag documents, making it easier to organize and retrieve information. In your ediscovery platform, use tagging features which can help in creating a structured and searchable database. 

Leverage your tool’s predictive coding and machine learning capabilities to automatically classify and prioritize documents based on relevance. This can enhance the accuracy and speed of document review processes.

Use collaborative features in the platform to streamline communication and coordination among team members involved in the FOIA response process. This ensures everyone is on the same page and can contribute effectively.

If your platform has redaction tools, use that feature to securely and efficiently redact sensitive information from documents. This is crucial for maintaining compliance with privacy and confidentiality requirements.

Automate routine and repetitive tasks, such as document sorting and initial review, to free up time for FOIA officers to focus on more complex aspects of the requests.

Ensure that FOIA officers are well-trained in your technology platform’s features and maintain an audit trail of all actions taken on documents. This is valuable for transparency, compliance, and accountability purposes.

By leveraging these features and implementing best practices, Chief FOIA officers can effectively manage large volumes of FOIA requests ensuring a more efficient and compliant response process.

Venturing Into the Unknown

As AI ventures into this untapped resource, the collaboration between Chief FOIA Officers and the AI community will define the responsible integration of government data. It heralds an era of innovation while emphasizing the importance of ethical practices, ensuring that the government's vast repository becomes a catalyst for progress without compromising the principles of transparency and privacy. 

To learn more about how Everlaw can help government agencies speed up response times for FOIA or Public Records requests, request a demo today.

Gina Jurva is an attorney and seasoned content strategist located in Manhattan, with over 16 years of legal and risk management expertise. A former Deputy District Attorney and criminal defense lawyer, her diverse litigation skills underscore her steadfast commitment to justice, while her innovative storytelling strategies combine legal acumen with deep insight.