Document Type

Notes

Publication Date

4-17-2026

Keywords

national security, defense, memorandum, artificial intelligence, innovation, oversight, regulation, civil liberties, privacy, surveillance, discrimination, rights

Subject Category

Constitutional Law

Abstract

Artificial intelligence (AI) is integrating rapidly into daily practice, including in the national security sector. AI has the potential to improve bureaucratic efficiency, enhance military intelligence and threat assessment, and develop autonomous vehicles and weapons, making it a revolutionary tool in national security. Since AI implementation is a relatively recent phenomenon, there is currently limited governmental regulation in place to safeguard against potential violations of civil liberties and other legal risks. Given AI's capacity to infringe on certain civil liberties such as the Fourth Amendment right to privacy and the Fourteenth Amendment protection against discriminatory policies, establishing strong oversight measures is essential. In addition to its normative contributions, this Note is intended to introduce the legal risks posed by unregulated AI and invite further studies of the relationship between AI and the law.

This Note examines the benefits of AI in the national security sector, the legal risks posed by unrestricted AI use that necessitate increased governance, and the current regulations in place for oversight. Additionally, it evaluates President Biden's National Security Memorandum on Artificial Intelligence, the first of its kind; critiques the Memorandum's shortcomings; and offers recommendations for improving the AI governance scheme to capitalize fully on AI's benefits while also protecting civil liberties. Finally, this Note addresses President Trump's actions to disassemble AI governance measures and walk back President Biden's first steps.

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