HB Ad Slot HB Mobile Ad Slot Townsend L. BourneEmail202-469-4917Bio and Articles Daniel J. AlvaradoEmail202.747.2325Bio and Articles HB Ad Slot Emerging AI Landscape: FedRAMP Publishes Draft Emerging Technology Prioritization Framework in Response to Executive Order on Artificial Intelligence by: Townsend L. Bourne, Daniel J. Alvarado of Sheppard, Mullin, Richter & Hampton LLP - Articles Friday, March 1, 2024 Related Practices & Jurisdictions Communications Media InternetAdministrative Regulatory All Federal Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard On January 26, 2024, the Federal Risk and Authorization Management Program (“FedRAMP”) published a draft Emerging Technology Prioritization Framework developed in response to President Biden’s Executive Order 14110 on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (previously analyzed by our colleague here). The Executive Order charged FedRAMP with developing a framework to prioritize Emerging Technologies in the FedRAMP authorization process, starting with generative AI. The first three generative AI capabilities selected for prioritization are: chat interfaces code generators debugging tools Emerging Technologies selected for prioritization will have a reduced waiting time before the authorization process (i.e., they get to skip the line), but the authorization process will not be accelerated. The authorization process still will take a similar amount of time as it would for other offerings with the same level and type of authorization. Notably, the Draft Framework emphasizes two points. First, no more than three capabilities will be prioritized at any time to avoid losing the benefits of prioritization. Second, when three cloud service offerings whose primary purpose is to offer one of the prioritized capabilities have achieved FedRAMP authorization, then the capability no longer will be prioritized and any additional offerings using the same technology will return to the standard prioritization process. As such, if you are developing a cloud service offering whose primary purpose is to offer one of the three generative AI capabilities selected for prioritization, it is critical to seek authorization early or risk missing out on the benefits of prioritization for your cloud offering. The Draft Framework also outlines the governance process for establishing prioritization of capabilities. On an annual basis (at minimum), the Chief Information Officer Council and Federal Chief Information Security Officer Council[1], with consultation from the Federal Secure Cloud Advisory Committee, the National Institute of Standards and Technology, and third party assessment organizations, is responsible for nominating Emerging Technologies for FedRAMP to consider for prioritization. The FedRAMP Program Management Office (“PMO”) will review the nominations and propose an updated list of up to three Emerging Technologies for prioritization. The FedRAMP Board is responsible for approving the final list but, as of the date of the publication, the FedRAMP Board has not yet been assembled. Therefore, the FedRAMP PMO is planning to adopt the first three capabilities and finalize the evaluation criteria without a presentation to the FedRAMP Board. Cloud service providers must complete an Emerging Technologies Request Form, which provides the business case demand justification and an attestation to the Emerging Technology criteria for review by the FedRAMP PMO. The justification will explain how the cloud service offering meets the Emerging Technology criteria. The FedRAMP PMO reviews the form and determines whether the cloud service offering meets the criteria established for the particular Emerging Technology and whether its technical characteristics match capabilities that the federal government is seeking to accelerate. If the criteria are met, the cloud service offering will be placed in the FedRAMP PMO’s authorization queue. If the criteria are not met, the cloud service offering still will be placed in the authorization queue, but it will not be prioritized. Appendix A of the Draft Framework provides an overview of artificial intelligence and provides the benchmarks for each of the three capabilities that will be used to measure a cloud service offering’s technical performance. The public comment period currently is open and will close on March 11, 2024. Companies are encouraged to submit comments, questions, or recommendations using this form. FedRAMP published a blog about the draft framework and included several questions on which the General Services Administration is particularly interested in receiving feedback. Providing feedback is critical to the development of the FedRAMP Emerging Technologies Prioritization Framework. We are monitoring the emerging federal government AI landscape and will continue to provide updates as federal agencies publish AI Executive Order-related materials. FOOTNOTES [1] The Chief Information Officer Council and Federal Chief Information Security Council are forums of Chief Information Officers (“CIOs”) with the goal of improving information technology practices across U.S. Government agencies. Copyright © 2024, Sheppard Mullin Richter & Hampton LLP. Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print Mastodon X Buffer Flipboard Current Public Notices Post Your Public Notice Today! PUBLIC NOTICE OF UCC SALE: Indoor Cannabis Cultivating Business PUBLIC NOTICE OF UCC SALE: PSW Webbervile, LLC PUBLIC NOTICE OF UCC SALE: NB SIERRA BLOOM, LLC PUBLIC NOTICE OF ARTICLE 9 UCC SALE: Caroo, LLC PUBLIC NOTICE OF UCC ARTICLE 9 SALE: AMP Enterprises Holdings Inter, LLC, AMP Alarm, … Discover more public notices HB Ad Slot HB Mobile Ad Slot Current Legal Analysis How to Beat the Heat with a Clear Dress Code by: Robert D. Kaufman Try Again NLRB – 5th Circuit Remands Case Back After the Board’s Bait and Switch Move by: Keith S. Anderson , Anne R. Yuengert Unlocking the Power of Equity-Based Incentive Compensation: Basics of Nonqualified Stock Options and Stock-Settled Stock Appreciation Rights by: Joshua A. Agen , Leigh C. Riley AI-GENERATED CALLS TO REQUIRE DISCLOSURE!: New FCC Proposal Requires Disclosure of AI Usage When Obtaining Prior Express Written Consent and During Each Call by: Tori Guidry Despite Supreme (Court) Blow, Latest NLRB GC Memorandum Advocates for the Aggressive Pursuit of 10(j) Injunctions by: Joshua S. Fox , Tony S. Martinez When Does Maritime Law Apply? [Video] by: Grady S. Hurley , Sara B. Kuebel HB Ad Slot HB Mobile Ad Slot More from Sheppard, Mullin, Richter & Hampton LLP USPTO Issues AI Subject Matter Eligibility Guidance by: James G. Gatto CFPB Wins Big Reversal in Illinois Redlining Lawsuit by: A.J. S. Dhaliwal , Mehul N. Madia CFPB Proposes Revamped RESPA Mortgage Servicing Rules by: A.J. S. Dhaliwal , Mehul N. Madia Data Security Is National Security: Inside the FCC Enforcement Bureau’s Latest Crackdown by: Brian D. Weimer , Douglas A. "Drew" Svor Maine Governor’s Veto of Non-Compete Ban Bucks Growing Trend Among States and Federal Trade Commission by: Katherine H. Oblak Court Rules in Landmark AI Code Generator Case – DMCA Claims Dismissed but Breach of Contract Claims Remain by: James G. Gatto Nota Bene Episode 170: Threats and Opportunities in the Global Supply Chain [Podcast] by: J. Scott Maberry , Lisa C. Mays The Federal Circuit Interprets the Application of 35 USC § 285 and Attorney’s Fees by: Sofya Asatryan Ninth Circuit Finds Shipping Warehouse Employee Qualified as Exempt “Transportation Worker” Under the Federal Arbitration Act by: Kayla Malone , Babak G. Yousefzadeh Federal Circuit Finds Personal Jurisdiction in an Amazon Product Dispute by: Zijian Han Upcoming Legal Education Events Oct 9 2024 Government Contracts Annual Update 2024 Sep 6 2024 Public Company Shareholder Engagement Summit Sep 6 2024 2024 Employment Law Symposium Aug 28 2024 REACH 30/30 - 28 August 2024 HB Ad Slot HB Mobile Ad Slot Print