There were 5,579 invention secrecy orders in effect at the end of fiscal year 2015. This was an increase from 5,520 the year before and is the highest number of such secrecy orders in more than a decade.
Under the Invention Secrecy Act of 1951, secrecy orders may be imposed on patent applications when a government agency finds that granting the patent and publishing it would be “detrimental” to national security.
Most of the current invention secrecy orders were renewals of orders granted in past years. According to statistics released under the Freedom of Information Act by the U.S. Patent and Trademark Office, there were 95 new secrecy orders imposed last year, while 36 prior orders were rescinded. More information on the newly rescinded orders is forthcoming.
Of the 95 new orders, 15 were so-called “John Doe” secrecy orders, meaning that they were imposed on private inventors in cases where the government had no property claim on the invention. The prohibition on disclosure in such cases therefore raises potential First Amendment issues.
Protecting the health and safety of the American public and ensuring that the public has the opportunity to participate in the federal decision-making process is crucial. As currently organized, FACs are not equipped to provide the best evidence-based advice.
As new waves of AI technologies continue to enter the public sector, touching a breadth of services critical to the welfare of the American people, this center of excellence will help maintain high standards for responsible public sector AI for decades to come.
The Federation of American Scientists supports the Critical Materials Future Act and the Unearth Innovation Act.
By creating a reliable, user-friendly framework for surfacing provenance, NIST would empower readers to better discern the trustworthiness of the text they encounter, thereby helping to counteract the risks posed by deceptive AI-generated content.