Insights and Analysis
AI-washing – when AI hype becomes a litigation risk
On February 5, 2026, the National Institute of Standards and Technology (“NIST”) released a concept paper, “Accelerating the Adoption of Software and Artificial Intelligence Agent Identity and Authorization.” The paper proposes a demonstration to explore how identity and authorization practices can be applied to artificial intelligence (“AI”) agents in enterprise settings. The demonstration aims to produce a practical guide, developed in National Cybersecurity Center of Excellence (“NCCoE”) labs with commercially available technologies, showing implementation approaches and lessons learned. NIST seeks public input to shape the project, describe real-world challenges and solutions, and guide future standards. Comments are due April 2.
For over a decade, enterprises have relied on code-based systems to automate workflows, manage cloud workloads, and deploy APIs. AI agents take automation to a new scale, delivering productivity, efficiency, and smarter decision-making. AI agents are increasingly critical to enterprise functions, including workforce efficiency and security. But they also introduce new risks. Granting AI agents access to sensitive data and critical systems without robust controls can lead to misuse, errors, or even breaches. Applying identity principles—identification, authentication, and authorization—can help ensure that AI agents are trusted, accountable, and operating within intended limits.
NIST’s NCCoE is planning a demonstration project to evaluate how identity and authorization practices can apply to AI agents in enterprise environments. The project will focus on internal enterprise agents where organizations maintain control and visibility over agents and the systems they access.
Potential topics include:
The project is not aimed at identifying and managing access for external agents from untrusted sources, but future iterations of the project may expand to address these scenarios.
Standards and best practices under consideration include Model Context Protocol; OAuth 2.0/2.1 and extensions; OpenID Connect; SPIFFE/SPIRE; System for Cross-domain Identity Management; and Next Generation Access Control. NIST will also apply relevant guidelines from SP 800-207 Zero Trust Architecture; SP 800-63-4 Digital Identity Guidelines; NISTIR 8587 Protecting Tokens and Assertions from Forgery, Theft, and Misuse; and other best practices and standards.
NIST seeks industry input to guide the design and scope of its demonstration, including:
Entities developing or deploying AI agents should consider submitting comments to inform the NIST demonstration. The comment period is a key opportunity to shape emerging standards and influence guidance on AI agent risk management, operational controls, and future compliance expectations.
For questions on the NIST concept paper or assistance submitting comments, please contact the authors.
Authored by Mark Brennan, Katy Milner, James Denvil, and Jaclyn Rosen.