On October 30th, 2023, President Biden issued an Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence (AI). This EO addresses the promise and management of risks of artificial intelligence. The Executive Order is part of the Biden-Harris Administration's broader strategy for responsible innovation. It emphasizes the need for the U.S. to lead in the development and deployment of AI technology. Collaboration with international partners and continued efforts to work with Congress for further legislation are also highlighted in the order.
The order outlines several key priorities:
1) New Standards for AI Safety and Security: To safeguard against potential risks posed by AI systems, developers of powerful AI must share safety test results and critical information with the U.S. government. The National Institute of Standards and Technology will set rigorous standards for AI safety, and agencies like the Department of Homeland Security will apply these standards to critical infrastructure sectors. Another interesting component is that the Department of Commerce must develop guidance for content authentication and watermarking to clearly label AI-generated content. Although this guidance will apply to federal agencies to make it easy for Americans to know that the communications they receive from their government are authentic, the guidance is also meant to set an example for governments around the world and the private sector, which could lead to publications, like this news alert, also displaying the watermark.
2) Protecting Americans' Privacy: The order emphasizes the importance of data privacy and urges Congress to pass data privacy legislation. It also encourages the development and adoption of privacy-preserving techniques and technologies that use AI.
3) Advancing Equity and Civil Rights: The order addresses the risk of AI contributing to discrimination and bias, directing actions to prevent AI algorithms from exacerbating discrimination in areas like housing, education, and the criminal justice system.
4) Standing Up for Consumers, Patients, and Students: The order aims to ensure AI benefits consumers by advancing its responsible use in healthcare and education while also providing safeguards against AI-related harms.
5) Supporting Workers: It seeks to mitigate the potential negative impacts of AI on the workforce and encourages collective bargaining for workers. It also addresses issues related to job displacement, labor standards, and workplace equity.
6) Promoting Innovation and Competition: The order supports AI research, encourages small developers and entrepreneurs, and seeks to modernize visa criteria to attract skilled AI professionals to the U.S.
7) Advancing American Leadership Abroad: The U.S. will collaborate with international partners to ensure the safe, secure, and trustworthy deployment of AI globally, focusing on standards and responsible AI use.
8) Ensuring Responsible and Effective Government Use of AI: Government agencies will be guided to use AI responsibly, improving procurement and deployment while investing in AI talent and training.
When the White House issues an executive order, it often sets in motion a chain of events that leads to regulatory activity, guidance issuance, rulemaking, and various other changes to laws and regulations. Once an executive order is issued, federal agencies are mobilized. These agencies are responsible for translating the president's directives into concrete regulatory actions, which the Regology platform will track automatically.
This forthcoming executive order builds on previous actions the President has taken, including work that led to voluntary commitments from 15 leading companies to drive safe, secure, and trustworthy development of AI.
The Biden-Harris Administration has already taken action with the Blueprint for an AI Bill of Rights and issued Executive Order 13985 directing agencies to combat algorithmic discrimination, while enforcing existing authorities to protect people’s rights and safety. This new Executive Order further advances the president's AI agenda.
Regology can help you keep track of the legislative and regulatory changes triggered by this Executive Order. Our Smart Law Library monitors agency actions related to executive orders and provides a real-time understanding of how government agencies translate these directives into concrete policies. This proactive insight allows for timely adjustments and updated compliance.