AI Counsel Blog Posts
The Challenge of Sovereign AI
by John Jenkins
March 31, 2026
The term “Sovereign AI” refers to efforts by a nation and the businesses operating within its borders to develop, deploy and govern AI under their own laws, in order to preserve control over data, models and other aspects of the development and implementation of AI tools. Sovereign AI’s goal is to avoid dependence on foreign […]
AI Risk Management: Does Your Program Need A New Approach?
by John Jenkins
March 30, 2026
A recent Boston Consulting Group publication says that programs for managing AI risks need to be revamped. Most of these programs assumed a small number of AI deployments that were “managed centrally, released carefully, and governed by a standard process.” Yeah, those were the days, huh? Agentic AI, vibe coding and the all-around breakneck pace […]
Introducing Guest Blogger Yan Ross, Editor-in-Chief, Cyber Defense Magazine
by John Jenkins
March 27, 2026
Today we’re pleased to welcome Yan Ross, Editor-in-Chief of Cyber Defense Magazine, as a guest blogger. Here’s the first of Yan’s monthly contributions to The AI Counsel Blog: Don’t Rely Solely on Compliance for Insurance Claims or Liability Defense As editor-in-Chief of Cyber Defense Magazine, I review over 50 articles each month. CDM […]
Agentic AI Presents New “Agent Washing” Risks
by Zachary Barlow
March 26, 2026
We’ve discussed the risks of AI washing on this blog. This occurs when a company oversells the value of its AI systems. Increasingly, the SEC and FTC have begun cracking down on these inflated claims. However, there is another type of AI washing on the horizon. “Agent Washing” specifically refers to AI washing, where claims […]
General Service Administration Issues Draft AI Use Clause
by Zachary Barlow
March 25, 2026
Amid tensions between the U.S. government and AI company Anthropic, the General Services Administration issued a draft AI use clause. If finalized, this clause would not only govern AI procurement from the U.S. government but also impact how contractors working with the government are allowed to use AI. A recent Thompson Hine memo discusses some […]
Administration Publishes AI National Policy Framework
by Zachary Barlow
March 24, 2026
Following a December Executive Order, the White House has published its National Policy Framework on Artificial Intelligence. The framework establishes federal priorities for AI policy and is broken down into seven policy objectives: Protecting Children and Empowering Parents Safeguarding and Strengthening American Communities (building data centers) Respecting Intellectual Property Rights and Supporting Creators Preventing Censorship […]
Federal AI Framework Introduced to Senate
by Zachary Barlow
March 23, 2026
Last week, Senator Marsha Blackburn (R-TN) introduced “The Republic Unifying Meritocratic Performance Advancing Machine intelligence by Eliminating Regulatory Interstate Chaos Across American Industry Act.” I’ll let you put the acronym for that together on your own. In the interest of word count, we’ll call it “the Act.” The Act would constitute a major shift in […]
Cyber Governance: Managing Life After CISA
by John Jenkins
March 19, 2026
We’ve previously blogged about the issues created by the expiration of the Cybersecurity Information Sharing Act of 2015 (CISA), and this recent Risk Management Magazine article offers some specific advice to companies on how to manage in an environment where sharing information about cyber threats is no longer entitled to a safe harbor. The article […]
AI Risk Management: A Standards Profile for Agentic AI
by John Jenkins
March 18, 2026
Berkeley’s Center for Long-Term Cybersecurity recently published an “Agentic AI Risk Management Standards Profile.” This excerpt from the Profile’s executive summary discusses what it’s intended to accomplish: This paper introduces the Agentic AI Risk-Management Standards Profile (“Agentic AI Profile”), which aims to provide a targeted set of practices and controls for identifying, analyzing, and mitigating […]
AI Risk Management: The Myth of the “AI Risk Owner”
by John Jenkins
March 17, 2026
This recent Crowe LLP blog says that companies engaged in an effort to tag a single “AI risk owner” are engaged in a fool’s errand. Instead, an effective approach to AI governance needs to recognize that AI systems are built and used cross-functionally, and their risks should be managed cross-functionally as well. In this environment, […]