Introduction: On October 30, 2023, President Biden issued a pivotal Executive Order focused on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” This order outlines the government’s key priorities regarding AI, signaling a strategic move towards shaping regulations in this transformative field. In this analysis, we dissect the potential impact of President Biden’s AI Executive Order, examining its implications on safety, security, innovation, competition, workforce, civil rights, and America’s leadership on the global AI stage.
- Ensuring Safety and Security of AI: President Biden’s Executive Order aims to fortify the safety and security of AI systems. Strategies include developing guidelines, standards, and best practices, managing AI in critical infrastructure, and addressing risks associated with deep-fake content. The National Institute of Standards and Technology (NIST) is tasked with establishing industry guidelines, benchmarks, and testing procedures to ensure AI systems are safe, secure, and trustworthy.
- Promoting Innovation and Competition: The Executive Order seeks to attract AI talent to the United States, streamline visa processes, strengthen public-private partnerships, and foster competition through administrative actions. By focusing on training programs and addressing patent issues, the order aims to position the United States as a global leader in AI innovation.
- Addressing Workforce Disruptions: Acknowledging the potential impact of AI on the workforce, the Executive Order empowers government agencies to study its effects on employment and recommends ways to address disruptions. Collaborative efforts by the Secretaries of Labor, Commerce, and Education are directed to identify training and education opportunities for workers affected by AI.
- Safeguarding Civil Rights: The Executive Order recognizes AI’s role in protecting civil rights, especially in the criminal justice system. It addresses potential biases in AI applications related to sentencing, prison management, forensic analysis, and police surveillance. Measures are outlined to ensure fairness and impartiality in administering government benefits and programs, with a focus on avoiding unlawful discrimination.
- Consumer Protection and Sector-Specific Regulations: While providing a general directive to independent regulatory agencies to protect consumers from AI-related risks, the Executive Order more explicitly outlines guidelines for the safe use of AI in healthcare. However, regulations for the transportation and education industries are less explicit, leaving room for further clarification on government agency mandates in these sectors.
- Government Adoption of AI: A comprehensive section of the Executive Order outlines a framework for the federal government’s adoption of AI. The Office of Management and Budget is tasked with directing this adoption, emphasizing the hiring of AI experts and data scientists to ensure a cohesive and effective implementation across federal agencies.
- Strengthening American Leadership Abroad: The ultimate goal of the Executive Order is to strengthen American leadership in the global AI landscape. The order directs collaboration with international allies to share expertise, train foreign partners, and develop an international framework addressing both the risks and benefits of AI.
The AI Executive Order is a forward-looking and comprehensive initiative, highlighting the government’s commitment to shaping the future of AI. Its multifaceted approach, from safety and innovation to workforce and global leadership, underscores the administration’s strategic focus on ensuring AI’s responsible development and utilization. The successful implementation of these policies will require extensive cooperation between federal agencies, industry stakeholders, and international partners, setting the stage for a transformative era in AI governance. Burke Costanza & Carberry will continue to provide additional information as the various federal agencies go about enacting policies as outlined by this Executive Order. If you have any questions, please contact Chad W. Nally or Schuyler D. Geller.