Today, Microsoft published its 2026 Responsible AI Transparency Report. The report highlights the progress we’ve made in building and deploying AI responsibly, supporting our customers, and strengthening our responsible AI governance, tools, and practices. You can explore the report in its entirety here.

AI is moving fast, and so are societal expectations. The boundaries of what people can accomplish with AI are expanding, and communities are asking more questions about how AI systems are designed, built, and used. As AI becomes more integral to how we live and work, confidence that AI systems are operating reliably and securely is becoming an essential prerequisite to their broad and beneficial adoption.

At Microsoft, we have been building a responsible AI program for nearly a decade, rooted in two core beliefs: that trust is foundational to realizing the benefits of AI and that the empowerment of people and organizations must remain at the center of our strategy. As capabilities advance and adoption accelerates, that experience is helping us meet this moment and adapt for what comes next.

Our third annual Responsible AI Transparency Report shares how our program is evolving and the priorities that continue to shape our work. Over the last year, investing in three specific areas has enabled us to embed trust more deeply and at greater scale: adaptive governance and technical risk management, practical tools and capabilities, and shared practices and strong partnerships. These investments cut across five trends shaping the AI landscape, including the rapid expansion of agentic AI.

Taken together, these trends and investments underscore our view that model capability alone will not determine the impact of AI. That will depend on organizations that develop and deploy AI technologies that deliver real value—and govern them with the rigor and adaptability needed to earn and sustain trust.

Adaptive governance and technical risk management

As the frontiers of AI advance, we are making our governance more adaptive and more tightly integrated with engineering workflows. In practice, this means that we have updated our policies to better match the AI tech stack and AI value chain, evolved our risk management practices to address emerging AI capabilities and risks, and strengthened the readiness of our responsible AI community: the people who operationalize our program at enterprise scale.

This year, we re-engineered our Responsible AI Standard to make it more adaptive to evolving technical realities, uses, risks, and regulatory requirements. The new Standard is structured by reference to different components of the tech stack—models, platform services, and applications—and the role that Microsoft plays in developing or deploying those components. It combines core requirements that always apply with more targeted, scenario-specific requirements that can evolve as capabilities and risks change. For example, we apply some of our most rigorous risk management measures to AI systems with the most significant cyber capabilities, helping ensure that advances in AI favor the defenders responsible for securing critical digital infrastructure.

We are also evolving our technical risk management practices. Increasingly capable systems can retain memory, use tools, access data, and take actions on behalf of users. Governing these systems requires us to think beyond the behavior of an individual model or application to interactions among models, agents, applications, tools, data, and people. Our work increasingly focuses on controls such as agent identities, tool permissions, and monitoring of actions.

And governance only works when people can put it into practice. We have continued to build responsible AI capabilities across Microsoft, equipping thousands of engineers and product managers with training on topics such as agentic AI threat modeling and prompt injection defenses.

Together, these investments are helping us move toward a more continuous, lifecycle-based approach to AI governance. With agentic AI, risks can evolve as systems interact with their environments, users, and other systems. Our governance needs to evolve with these agentic capabilities—and incorporate what we learn from their testing and deployment.

Practical tools and capabilities

Effective governance depends on tools that help translate policy goals into action. As developers and organizations navigate a more complex technical and regulatory environment, they need practical ways to identify risks, evaluate systems, establish controls, and monitor how AI behaves in the real world.

We are applying what we learn from governing AI at Microsoft into tools, capabilities, and resources that help developers and organizations beyond Microsoft do just that—whether they build on our platforms or leverage open-source projects.

We have expanded tools to evaluate AI systems across the lifecycle. A new AI Red Teaming Agent helps accelerate the identification and evaluation of risks. Agent evaluators help developers measure the quality, safety, and performance of agentic applications. RAMPART turns red team findings into repeatable tests, enabling more continuous coverage as systems change.

We are also building greater visibility and control into agentic systems. With ASSERT and Agent Control Specification, developers can evaluate agents against their policies, place runtime controls at critical points in an agent’s workflow, and monitor behavior.

These tools and capabilities reflect a shift: as systems become more dynamic, governance needs to become more operational. Organizations need to be able to see what their systems are doing, test how they behave, and intervene when necessary—not just assess them before deployment.

Organizations also need confidence—and increasingly need to demonstrate—that responsible AI practices are being implemented consistently. Microsoft is one of the few companies certified against ISO 42001 across a broad portfolio, including Microsoft 365 Copilot, Foundry, and GitHub Copilot. Over the last year, we have simplified and strengthened our internal processes that support that certification.

Ultimately, responsible AI governance is a shared responsibility across the AI value chain. Our goal is to help make the practices and capabilities needed to meet that responsibility more accessible, practical, and scalable.

Shared practices and strong partnerships

The challenges of governing AI are bigger than any one company, and increasingly interconnected AI systems make collaboration even more essential.

As AI adoption expands across borders and sectors, we need shared expectations for how systems are evaluated, monitored, and governed, as well as interoperable standards that enable visibility into interactions across tools, data, and systems. We also need to keep advancing the underlying science and technical practices so that we can benefit from rigorous, applied insights into what effective governance looks like and where the remaining gaps are.

That starts with research. Over the past year, we advanced our work with the US Center for AI Standards and Innovation and AI Safety and Security Institutes in Australia, Singapore, and the UK to strengthen the science and practice of AI evaluation. We also launched an External Red Team Alliance with 18 universities across six continents to expand understanding of priority risks.

Common technical practices and standards are critical. Through the Frontier Model Forum, OpenTelemetry, and the Appia Foundation, we are helping develop approaches spanning frontier cyber benchmarks, end-to-end observability for increasingly agentic systems, and AI assurance across supply chains and sectors. We are also contributing to efforts that make transparency reporting more interoperable across organizations and jurisdictions, including through an OECD-led informal task force that developed the Hiroshima AI Process Reporting Framework version 2.0.

We also need shared ways to measure progress. We cannot meaningfully assess progress if every organization measures AI risks differently. Through our work with MLCommons, we are helping expand AILuminate into a broader suite of reliability benchmarks, creating common approaches for evaluating areas such as jailbreak resilience, multilingual performance, and psychosocial risk in conversational AI.

Shared learning, shared practices and standards, and shared measurement can help the entire ecosystem develop while raising shared expectations for trust.

Meeting the moment and investing for the future

Our experience over the past year has reinforced that responsible AI cannot be static. It has to be embedded in development processes, supported by practical tools, and continually informed by what we learn. That is why our responsible AI investments extend from the systems we build, to the tools we provide our customers, to the research, practices, and measurement approaches we help develop with the broader ecosystem.

Our 2026 Responsible AI Transparency Report explores this work in more depth—from how we re-engineered our Responsible AI Standard to how we are strengthening governance for agentic AI, advancing evaluation, and addressing AI misuse. We invite you to explore the report to see what we have learned, what we have changed, and how we are putting our priorities into practice.

As AI becomes more powerful and more present in people’s lives, our commitment is to keep listening and learning, to keep strengthening our safeguards, and to keep putting the empowerment of people and organizations at the center of our strategy.

The post Responsible AI in 2026: How we are adapting for what’s ahead appeared first on Microsoft On the Issues.

Today, the House of Representatives passed historic legislation that will protect our customers’ most fundamental privacy rights in the cloud. The bipartisan NDO Fairness Act (H.R.6048) would require that federal courts apply a rigorous standard when issuing non-disclosure orders (NDOs), or secrecy orders, that prevent technology providers from telling customers when law enforcement accesses their emails, texts, photos, and other personal information in the cloud. Microsoft has strongly supported these reforms, and they are consistent with our commitment to protect our customers and ensure trust in the digital services that are powering the global economy.  The House’s passage of the NDO Fairness Act marks a significant step forward. We now look forward to working with the Senate to advance these important reforms.

The NDO Fairness Act would finally correct the glaring disparity between covert searches in the physical and digital worlds. Law enforcement must meet a strict standard for secret physical searches, but these restrictions do not apply to secret searches for data stored by technology providers. Instead, law enforcement can obtain boilerplate secrecy orders under a 40-year-old law, the Electronic Communications Privacy Act (ECPA), enacted before the cloud even existed. This represents a fundamental shift from historical law  enforcement practices where secrecy was the exception, not the norm. Officers or agents would knock on your door with a warrant or serve your company with a subpoena. If you had an issue with that, you could go to court to object. But NDOs, often obtained without meaningful judicial review, allow law enforcement to skip going to you and instead go to your cloud provider for your data in secret.  

This is a problem with far-reaching consequences. The overuse of secrecy orders erodes trust in and discourages adoption of the cloud, stifles transparency and accountability, and threatens our fundamental freedoms. Notice is perhaps the most foundational protection against government overreach. It is necessary to give meaning to nearly every other right we enjoy. This is because it is a lot more difficult to assert your rights when you don’t know they are at risk to begin with.  

Two investigations, two administrations, one case for reform 

In recent years, Congress has learned this lesson firsthand. Microsoft first testified and began working with Congress in support of the NDO Fairness Act following reports in 2021 that the first Trump Justice Department used NDOs in a leak investigation that prevented notice of legal demands to Members of Congress, their staff, and the press. In a subsequent review, the Justice Department’s Inspector General found that the NDOs used boilerplate justifications that did not include case-specific information and did not even inform the court that some accounts belonged to Members of Congress. The NDOs were then renewed for years—some even after the investigation was public and individuals were no longer targets.  

This is despite the fact that, under our Constitution, Congress is a separate branch of government and has unique Speech or Debate privileges, and the press is entitled to heightened First Amendment protections. 

Separately, a recent Senate investigation revealed that the Biden Justice Department’s “Arctic Frost” probe of the 2020 presidential election sought telephone records from more than a dozen Members of Congress. As first disclosed by Senator Grassley and recently reported in the New York Times, the subpoenas were accompanied by NDOs that, again, did not inform the judge of the fact that the phone numbers belonged to Members of Congress. 

The NDOs in these two investigations illustrate a core problem with NDOs. And it’s a problem that spans administrations and extends well beyond investigations involving Members of Congress: Too often, courts are not aware of the most basic facts needed to evaluate whether total secrecy is necessary.  

Microsoft’s record: Standing up for our customers 

This is why Microsoft, for years, has fought to strengthen our customers’ rights and has challenged unlawful secret surveillance. We’ve stood up for our customers not just in the halls of Congress, but in courts across the country and in daily negotiations with law enforcement. We routinely challenge NDOs and convince the government to modify secrecy orders to permit notice to our customers. When we can’t reach a reasonable agreement with the government, we don’t hesitate to go to court. Microsoft is currently seeking to modify or vacate several NDOs in courts across the country. While the details of these challenges remain under seal, this includes a now-public appeal brought by LinkedIn, a Microsoft subsidiary, that is scheduled for oral argument before the US Court of Appeals for the Fourth Circuit on September 15. 

Our efforts over the years have led to policy changes at the Department of Justice, including guidance limiting the duration of NDOs after Microsoft filed a lawsuit against the US government in 2016 challenging indefinite NDOs as unconstitutional.  

Sometimes, challenges to secrecy orders are unsealed, and we’re able to share additional details; most often, we simply provide our customers with notice, allowing them to take steps to further protect their rights. But these efforts, no matter how successful, have not stopped the flow of overbroad NDOs.  

The NDO Fairness Act 

Challenges in court cannot do the work of Congress. We need the legislative reforms contained in the NDO Fairness Act. These would:  

• End boilerplate secrecy orders by requiring judges to consider the full facts and circumstances of each order.  

• Ensure that the NDO statute is consistent with the First Amendment by requiring courts to strictly scrutinize requests for secrecy.  

• Codify restrictions to prevent indefinite secrecy orders and limit the length of extensions by requiring time-limited orders.  

• Recognize technology providers’ statutory right to challenge an order to ensure providers can stand up for their rights and their customers’ rights.  

• Increase transparency reporting around the government’s use of secrecy orders.  

The NDO Fairness Act would not eliminate NDOs. Nor should it. Temporary secrecy is appropriate in some cases—particularly those involving child exploitation, terrorism or other violent crimes, nation-state cyberattacks, or cases where there is clear evidence that notice would jeopardize a sensitive investigation. Microsoft is a strong partner with law enforcement in its efforts to protect our nation and the most vulnerable members of society. But these reforms would ensure that NDOs are consistent with our most fundamental rights and freedoms.  

The Senate must now seize the moment 

Congress has made significant progress advancing these reforms. I want to thank Speaker Johnson and Majority Leader Scalise as well as Representatives Fitzgerald and Nadler for scheduling a vote and sponsoring this legislation. House Judiciary Committee Chairman Jordan and Ranking Member Raskin also deserve our appreciation for championing this legislation through the House committee process. As consideration moves to the Senate, we look forward to working with Senators Lee and Coons and supporting their leadership and efforts to enact this bill into law.  

Microsoft has fought for the NDO Fairness Act because we stand up for our customers and will fight for their rights. I am thrilled to see bipartisan support for these reforms culminate in today’s House passage of this legislation. But the work is not yet finished. The Senate now has an opportunity to build on this momentum and help enact these critical reforms into law. 

 

 

The post House passes historic reforms to rein in secret surveillance appeared first on Microsoft On the Issues.