U.S. National Institute for Standards and Technology Releases Cybersecurity Framework Profile for AI

The U.S. National Institute for Standards and Technology has released the draft, “Cybersecurity Framework Profile for Artificial Intelligence,” which is subject to public comment. The abstract states:

The Cybersecurity Framework Profile for Artificial Intelligence (AI) Profile (“Cyber AI Profile” or “The Profile”) will provide guidelines for managing cybersecurity risk related to AI systems as well as identifying opportunities for using AI to enhance cybersecurity capabilities. The Profile is organized using the NIST Cybersecurity Framework 2.0 outcomes (Functions, Categories, and Subcategories). This Preliminary Draft is shared along with a request for public comment to solicit feedback on the planned direction and content. Comments received will inform the initial public draft. More information about this project, including a roadmap, is available on the National Cybersecurity Center of Excellence (NCCoE) Cyber AI Profile project page.

Notably, the Cyber AI Profile addresses standard essential patents:

Call for Patent Claims

This public review includes a call for information on essential patent claims (claims whose use would be required for compliance with the guidance or requirements in this Information Technology Laboratory (ITL) draft publication). Such guidance and/or requirements may be directly stated in this ITL Publication or by reference to another publication. This call also includes disclosure, where known, of the existence of pending U.S. or foreign patent applications relating to this ITL draft publication and of any relevant unexpired U.S. or foreign patents.

ITL may require from the patent holder, or a party authorized to make assurances on its behalf, in written or electronic form, either:

a) assurance in the form of a general disclaimer to the effect that such party does not hold and does not currently intend holding any essential patent claim(s); or

b) assurance that a license to such essential patent claim(s) will be made available to applicants desiring to utilize the license for the purpose of complying with the guidance or requirements in this ITL draft publication either:

i. under reasonable terms and conditions that are demonstrably free of any unfair discrimination; or

ii. without compensation and under reasonable terms and conditions that are demonstrably free of any unfair discrimination.

Such assurance shall indicate that the patent holder (or third party authorized to make assurances on its behalf) will include in any documents transferring ownership of patents subject to the assurance, provisions sufficient to ensure that the commitments in the assurance are binding on the transferee, and that the transferee will similarly include appropriate provisions in the event of future transfers with the goal of binding each successor-in-interest. The assurance shall also indicate that it is intended to be binding on successors-in-interest regardless of whether such provisions are included in the relevant transfer documents. Such statements should be addressed to: cyberaiprofile@nist.gov