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CISA Releases Guidance on the Careful Adoption of Agentic AI Services

By Micaela McMurrough, Caleb Skeath & Bryan Ramirez on May 28, 2026
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Earlier this month, the Cybersecurity & Infrastructure Security Agency (CISA), in collaboration with the National Security Agency and other international partners, released guidance for organizations on adopting agentic artificial intelligence systems (i.e., systems composed of one or more agents that fundamentally rely on an AI model, such as an LLM, to interpret and reason about the state of the world and can autonomously make decisions and take actions). The guidance highlights the primary security risks and challenges linked to agentic AI and offers practical guidance for safely designing, implementing, and managing these systems.

Agentic AI Security Risks

The guidance identifies five primary categories of security risk associated with agentic AI deployments. Collectively, these risks highlight the potential for the adoption of agentic AI systems to give rise to a variety of security-related risks, including service disruption, data exposure, and loss of auditability.

  • Privilege risks: Overly broad access permissions can allow a compromised agent to cause significant harm across systems. Specifically, because agentic systems often aggregate permissions across multiple tools and environments, a single point of compromise can provide malicious actors with wide-ranging access.
  • Design and configuration risks: Risks can also arise from poor system design and configuration choices, such as integrating third-party components with excessive permissions or relying on static access controls that do not account for dynamic workflows. These weaknesses can enable attackers to exploit stale permissions, move laterally across environments, and gain broader access.
  • Behavioral risks: Agents may act unpredictably, pursue goals in unintended ways, or be subject to manipulation by malicious actors through techniques such as prompt injection or data poisoning.
  • Structural risks: Interconnected systems and multi-step workflows can lead to cascading failures or expanded attack surfaces. This interconnectedness can also obscure where failures originate, making remediation more difficult, and increase systemic risk, particularly in environments where agents operate across business-critical functions or shared infrastructure.
  • Accountability risks: The complexity and opacity of agentic systems can make it difficult to trace decisions, audit actions, or assign responsibility, particularly when actions occur autonomously and at scale.

Best Practices for Securing Agentic AI Systems

To mitigate these risks, the guidance outlines a number of practical steps across the AI system lifecycle. The guidance recommends that operators reference these best practices when designing, implementing, and managing AI agents.

  • Designing Secure Agents:AI developers should ensure a clear instruction hierarchy so that agent behavior aligns with the intended outcomes. AI developers should also embed strong identity management mechanisms into agents, include mechanisms to facilitate human oversight, and implement overlapping layers of security controls to help avoid a single point of failure.
  • Developing Secure Agents: During development, organizations should implement comprehensive testing strategies (e.g., adversarial testing and red teaming) and conduct appropriately thorough evaluations of agents (e.g., using threat models, testing in varied contextual conditions, and testing across different autonomy levels). Developers should also build in fail-safe defaults that limit the blast radius of unexpected behaviors and produce comprehensive artefacts to document agent actions for improved accountability.
  • Deploying Secure Agents:Initial deployments should progressively increase levels of access and autonomy to limit early exposure. Organizations should enforce strong guardrails (e.g., deny lists, “do-not-do” rules, and non-overridable safety constraints) while maintaining least-privilege access, system isolation, and robust authentication controls.
  • Operating and Monitoring Agents:Ongoing monitoring is essential to detect anomalous behavior, unauthorized actions, or emerging risks. Organizations should maintain detailed logs of agent decisions and actions to support auditing and accountability.

As organizations increasingly adopt agentic AI, this guidance underscores the importance of embedding security, governance, and oversight from the outset.

Tags: AI
Photo of Micaela McMurrough Micaela McMurrough

Micaela McMurrough serves as co-chair of Covington’s global and multi-disciplinary Technology Group, as co-chair of the Artificial Intelligence and Internet of Things (IoT) initiative. In her practice, she has represented clients in high-stakes antitrust, patent, trade secrets, contract, and securities litigation, and other…

Micaela McMurrough serves as co-chair of Covington’s global and multi-disciplinary Technology Group, as co-chair of the Artificial Intelligence and Internet of Things (IoT) initiative. In her practice, she has represented clients in high-stakes antitrust, patent, trade secrets, contract, and securities litigation, and other complex commercial litigation matters, and she regularly represents and advises domestic and international clients on cybersecurity and data privacy issues, including cybersecurity investigations and cyber incident response. Micaela has advised clients on data breaches and other network intrusions, conducted cybersecurity investigations, and advised clients regarding evolving cybersecurity regulations and cybersecurity norms in the context of international law.

In 2016, Micaela was selected as one of thirteen Madison Policy Forum Military-Business Cybersecurity Fellows. She regularly engages with government, military, and business leaders in the cybersecurity industry in an effort to develop national strategies for complex cyber issues and policy challenges. Micaela previously served as a United States Presidential Leadership Scholar, principally responsible for launching a program to familiarize federal judges with various aspects of the U.S. national security structure and national intelligence community.

Prior to her legal career, Micaela served in the Military Intelligence Branch of the United States Army. She served as Intelligence Officer of a 1,200-member maneuver unit conducting combat operations in Afghanistan and was awarded the Bronze Star.

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Photo of Caleb Skeath Caleb Skeath

Caleb Skeath helps companies manage their most complex and high‑stakes cybersecurity and data security challenges, combining deep regulatory insight, technical fluency, and practical judgment informed by leading incident response matters.

Caleb Skeath advises in‑house legal and security teams on the full lifecycle of…

Caleb Skeath helps companies manage their most complex and high‑stakes cybersecurity and data security challenges, combining deep regulatory insight, technical fluency, and practical judgment informed by leading incident response matters.

Caleb Skeath advises in‑house legal and security teams on the full lifecycle of cybersecurity and privacy risk—from governance and preparedness through incident response, regulatory engagement, and follow‑on litigation. A Certified Information Systems Security Professional (CISSP), he is trusted by clients across highly regulated and technology‑driven sectors to provide clear, practical guidance at moments when legal judgment, technical understanding, and business realities must be aligned.

Caleb has deep experience leading and overseeing responses to complex cybersecurity incidents, including ransomware, data theft and extortion, business email compromise, advanced persistent threats and state-sponsored threat actors, insider threats, and inadvertent data loss. He regularly helps in‑house counsel structure and manage investigations under attorney‑client privilege; coordinate with internal IT, information security, and executive stakeholders; and engage with forensic firms, crisis communications providers, insurers, and law enforcement. A central focus of his practice is advising on notification obligations and strategy, including the application of U.S. federal and state data breach notification laws and requirements along with contractual notification obligations, and helping companies make defensible, risk‑informed decisions about timing, scope, and messaging.

In addition to his work responding to cybersecurity incidents, Caleb works closely with clients’ legal, technical, and compliance teams on cybersecurity governance, regulatory compliance, and pre‑incident planning. He has extensive experience drafting and reviewing cybersecurity policies, incident response plans, and vendor contract provisions; supervising cybersecurity assessments under privilege; and advising on training and tabletop exercises designed to prepare organizations for real‑world incidents. His work frequently involves translating evolving regulatory expectations into actionable guidance for in‑house counsel, including in highly-regulated sectors such as the financial sector (including compliance with NYDFS cybersecurity regulations, the Computer Security Incident Notification Rule, and GLBA guidelines and guidance) and the pharmaceutical and healthcare sector (including compliance with GxP standards, FDA medical device guidance, and HIPAA).

Caleb’s practice also addresses evolving and emerging areas of cybersecurity and data security law, including advising clients on compliance with the Department of Justice’s Data Security Program, CISA‑related security requirements for restricted transactions, and preparation for new regulatory regimes such as the CCPA cybersecurity audit requirements and federal incident reporting obligations. He regularly counsels clients on how artificial intelligence and connected devices intersect with cybersecurity, privacy, and consumer protection risk, and how to support innovation while managing regulatory exposure.

Caleb also has extensive experience helping clients navigate high-stakes cybersecurity-related inquiries from the Federal Trade Commission, state Attorneys General, and other sector-specific regulators, including incident-specific inquiries as well as broader inquiries related to an entity’s cybersecurity practices and the security of product or service offerings. For companies that have entered into cybersecurity-related settlement agreements with regulators, Caleb has helped guide them through compliance with settlement agreement obligations, including navigating required third-party assessments and strategically responding to cybersecurity incidents that can arise while a company is subject to a settlement agreement. Caleb also routinely works hand-in-hand with colleagues in Covington’s class action litigation, commercial litigation, and insurance recovery practices to prepare for and successfully navigate incident-related disputes that can devolve into litigation.

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Photo of Bryan Ramirez Bryan Ramirez

Bryan Ramirez is an associate in the firm’s San Francisco office and is a member of the Data Privacy and Cybersecurity Practice Group. He advises clients on a range of regulatory and compliance issues, including compliance with state privacy laws. Bryan also maintains…

Bryan Ramirez is an associate in the firm’s San Francisco office and is a member of the Data Privacy and Cybersecurity Practice Group. He advises clients on a range of regulatory and compliance issues, including compliance with state privacy laws. Bryan also maintains an active pro bono practice.

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  • Posted in:
    Privacy and Cybersecurity, Technology and AI
  • Blog:
    Inside Privacy
  • Organization:
    Covington & Burling LLP
  • Article: View Original Source

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