Governance

National security systems

Systems used for intelligence, defense, or national-security functions.

How the laws define this

Both sources agree that national security systems serve defense, intelligence, and related national security functions involving classified operations, making them subject to specialized security considerations, protections, and policies. They both treat these systems as a distinct operational realm subject to separate evaluation and handling. However, the sources diverge in their specific scope and regulatory frameworks. The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO 14110) explicitly incorporates AI capabilities into its definition and emphasizes that these systems are distinct from civilian deployments. Conversely, the National Security Memorandum on Artificial Intelligence (NSM on AI, Oct 24, 2024) roots its definition in U.S. law, explicitly enumerating hardware, software, and networks used for sensitive as well as classified operations, and subjecting them to the AI Framework alongside NSS-specific policies.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first.

Jurisdiction	Instrument	Status	What is distinctive
United States	Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO 14110)	Repealed	Adds that these systems are treated as distinct from civilian deployments and subject to separate evaluation, handling, and security considerations.
United States	National Security Memorandum on Artificial Intelligence (NSM on AI, Oct 24, 2024)	Superseded	Specifies that systems include hardware, software, and networks used for classified or sensitive operations and are subject to NSS-specific policies, protections, and the AI Framework.

Definitions (2)

Information systems and AI capabilities used primarily for national security, intelligence, defense, or related classified purposes, which the Order treats as distinct from civilian deployments and subject to separate evaluation, handling, and security considerations.

Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO 14110)Definition 1 of 2

Systems as defined under U.S. law that support national defense, intelligence, and related national security functions, including hardware, software, and networks used for classified or sensitive operations; subject to NSS-specific policies, protections, and the AI Framework.

National Security Memorandum on Artificial Intelligence (NSM on AI, Oct 24, 2024)Definition 2 of 2

Not to be confused with

Federal artificial intelligence system

Federal artificial intelligence system refers to AI used in connection with any Federal information system, while national security systems are specifically for intelligence, defense, or national-security functions.

Covered agencies

Covered agencies are IC and agencies using AI within NSS contexts, whereas national security systems are the systems themselves supporting those functions.

Questions and answers

How does EO 14110 distinguish national security systems from civilian AI?

EO 14110 defines national security systems as information systems and AI capabilities used primarily for national security, intelligence, defense, or related classified purposes. It treats them as distinct from civilian deployments. They are subject to separate evaluation, handling, and security considerations.

What components make up national security systems under the NSM on AI?

The NSM on AI defines them as systems supporting national defense, intelligence, and related functions. This includes hardware, software, and networks used for classified or sensitive operations. They are subject to NSS-specific policies, protections, and the AI Framework.

Are national security systems subject to different rules than other federal AI systems?

Yes, under EO 14110, national security systems are distinct from civilian deployments and receive separate evaluation, handling, and security considerations. The NSM on AI subjects them to NSS-specific policies and the AI Framework.