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Maggie Hassan Asks Nominees Point Blank: Will You Follow The President's Orders Or The Law?
Forbes Breaking News
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2 days ago
During a Senate Homeland Security Committee hearing on Thursday, Sen. Maggie Hassan (D-NH) asked nominees if they would follow the law or the President's directives.
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00:00
Well, I thank you, Mr. Chair and Ranking Member Peters for holding this important hearing,
00:05
and I thank all of the nominees for your willingness to serve,
00:10
and congratulations to you and your families, and I thank your families for their support as well.
00:15
I'm going to start with a simple question, and we'll go right down the line from Mr. Allende to Mr. O'Connell.
00:21
If you're directed by the President to take an action that would violate the law,
00:25
would you follow the President's directive or follow the law? Mr. Allende.
00:28
Senator, thank you for your question.
00:31
If confirmed, I find it very unlikely that the President or anyone acting on his behalf would ever instruct me to break the law.
00:39
I don't believe that would ever happen.
00:42
But if it did?
00:43
If it did, as unlikely as that would be, I would consult with the Office of General Counsel as to the interpretation of the law,
00:50
and if it persists, if for some reason I disagreed with the interpretation,
00:57
I would resign.
01:01
So are you committed to following the law or not?
01:05
Senator, if confirmed...
01:07
Forget for the minute who instructs you to follow the law or whether there's a difference of opinion.
01:13
Are you committed to following the law or not?
01:16
I am, Senator, and I think that...
01:17
Thank you. That's a yes. Mr. Planky.
01:19
Thank you, Senator.
01:23
I share my colleague's process that I don't believe the President would ever ask me to violate the law,
01:29
but I do believe in upholding the rule of law.
01:32
Yes, Senator.
01:33
Thank you. Mr. Fox.
01:35
Senator, in my professional capacity now and if confirmed as ICIG, I will always follow the law.
01:39
Thank you. Mr. O'Connell.
01:41
Thank you, Senator.
01:42
Senator, as a judge on the D.C. Superior Court, my only job would be to follow the law,
01:48
and I couldn't anticipate any circumstance where anyone, the President of the United States or anybody else,
01:55
would try to influence me to do anything other than follow the law.
01:59
Well, I appreciate your commitment to following the law.
02:01
I will say to those of you who have just said out loud that you do not believe or expect the President of the United States
02:09
to instruct you to break the law, that reflects a disconnection from reality that concerns me.
02:15
I know you may have to say those things to satisfy the President or the people who are watching this hearing on his behalf,
02:21
but it is an extraordinary statement given events.
02:25
Now, Mr. Planky, as you know, CISA helps state and local governments improve their cybersecurity
02:30
and protect critical assets.
02:33
One of the key programs that supports this goal is the state and local cybersecurity grant program.
02:38
This program provides grants to state and local governments to bolster their cybersecurity
02:43
and better protect Americans from hostile actors and cyber criminals.
02:47
Unfortunately, this program runs out of money in September.
02:50
So my question to you, Mr. Planky, is do you support continued funding for the state and local cybersecurity grant program,
02:56
and what would the impact be should Congress fail to fund it?
03:02
Senator, thank you for that question.
03:04
Absolutely support state and local grant program for cybersecurity.
03:09
I think there's many rural areas of America, and CISA exists to support all Americans across the United States,
03:17
and one of the best ways to do that is through the state and local grant program.
03:20
Well, I appreciate that.
03:21
It's not, you know, in a state like New Hampshire, 234 cities and towns, many of them very small.
03:28
They just don't have the resources.
03:30
And, of course, the bigger impact, it's not only on each individual city or town or county,
03:35
but it also, the weakest link in cyber impacts everybody.
03:41
So I'd really appreciate working with you on that.
03:43
Mr. Allende, under the 2024 DHS AI roadmap, the Science and Technology Directorate is set to build out the infrastructure
03:54
needed to evaluate the risk that terrorists and criminals could misuse powerful AI models, right?
04:01
So just this past week, OpenAI released a new model that, for the first time,
04:05
they classified as having a, quote, high capability of producing biological harm, including dangerous pathogens.
04:13
Given these very real risks to our national security,
04:16
I'd like to hear from you about how you would prioritize specific types of AI risk
04:22
as Undersecretary of Science and Technology, and how would you approach that prioritization?
04:28
Senator, thank you for your question.
04:30
For background, I am an attorney and a manager.
04:33
I have a very strong technical interest, and I study the material, but I am not a scientist or an engineer.
04:42
If confirmed, however, the Directorate of Science and Technology has a number of experts within
04:47
that I would consult on this matter.
04:50
I can say that the kinds of models matter, whether it's large language, small language models, open and closed.
04:56
And so that gets very granular.
04:58
I am very happy to work with you and your team to discuss each of those options
05:03
and how each one could be managed in a very granular way.
05:06
Are you concerned about the risks that AI poses?
05:10
Senator, thank you for your question.
05:12
I am.
05:13
In Florida, we have actually taken it upon ourselves at the department to build an AI use policy
05:19
and to start addressing those very risks, both on the privacy aspects of what can be disclosed to a model
05:27
and how to responsibly use a model that you've done.
05:29
So you must have some experience then in prioritizing what kind of risks you're looking at.
05:33
My question, I mean, this is urgent.
05:37
I mean, this is a national security and public safety matter, and it is an urgent one.
05:43
We've got open AI saying they've now got an AI that is highly capable of producing biological harm.
05:53
So this is on our doorstep.
05:56
It's a national security issue.
05:58
Do you feel urgency about it?
06:00
And what's your plan to make sure that you're focused on the most serious threats?
06:04
Senator, I absolutely feel urgency behind it.
06:07
The scope of what the Department of Management Service is
06:11
and what the Director of Science and Technology were very different,
06:14
and I can't relate one to the other.
06:16
If confirmed, I will very...
06:18
So how are you qualified for the job?
06:20
Senator, my background as a lawyer has involved highly technical matters,
06:26
such as cybersecurity.
06:27
I started the cybersecurity practice for my law firm.
06:30
I have a master's in decision information science.
06:33
I have a long history of working with very smart folks.
06:37
such as scientists, engineers, data analysts,
06:41
to bring those methodologies to bear on the problems
06:44
that we have at the Department of Management Services.
06:46
I am very happy and comfortable working with people much smarter than I
06:51
and enabling them to do the job that they need to do.
06:55
So I'm over time.
06:57
I will follow up with you, but perhaps I can make this observation.
07:01
This isn't necessarily about how smart people are, although that helps.
07:05
This is about whether technologists who are engaged in this kind of work
07:10
understand the risks and are willing to put some guardrails up
07:15
and willing to prioritize how we go after making sure that these risks
07:19
do not impact our national security and public safety.
07:22
Thank you, Mr. Chair.
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