LawFare – For decades, federal data-rights disputes have centered on files—what must be delivered; who may use, reproduce, or disclose them; and what happens to copies when the contract ends. That framework assumed the thing worth protecting was the stored file. AI inverts that assumption. Storage holds the files, while AI systems expose the underlying work: the questions asked, the drafts abandoned, the patterns of use, and the priorities they reveal. The General Services Administration (GSA), the federal government’s primary civilian purchasing agency, is now trying to address that inversion through a proposed clause that protects not only government content, but what government use reveals.
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The Most Important Phrase in GSA’s Revised AI Clause Has No Definition
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