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Biden Administration Issues Broad Executive Order to Regulate and Advance Artificial Intelligence

Biden Administration Issues Broad Executive Order to Regulate and Advance Artificial Intelligence
Published Date
Oct 31 2023
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The Order requires multiple government agencies to develop further guidance, plans, and regulation concerning AI within the next 30 to 365 days. Other key actions implicated by the Order include:

  • Creating a new interagency AI Policy Committee to coordinate and review federal AI policies and initiatives.
  • Developing and implementing a national AI research and development strategy and roadmap.
  • Enhancing the AI workforce and talent pipeline in the United States, including through immigration reforms and training programs. 
  • Establishing reporting and auditing requirements for large AI models and cloud service providers that could pose significant risks to national security, cybersecurity, or public safety.
  • Developing and deploying AI capabilities to detect and remediate vulnerabilities in critical software, systems, and networks. 
  • Evaluating and mitigating the potential for AI to be misused to enable the development or use of chemical, biological, radiological, and nuclear threats, especially biological weapons. 
  • Developing standards, tools, and best practices for authenticating, labeling, and detecting synthetic content, such as deepfakes, and preventing the generation of child sexual abuse material or non-consensual intimate imagery. 
  • Strengthening the protection of privacy and civil rights in the use of AI by federal agencies and regulated entities, including through updating guidance and regulations. 
  • Engaging with allies and partners to promote and develop AI standards and norms that reflect democratic values and human rights worldwide.

While in some places the Order speaks in broad terms and delegates judgment to agency heads, elsewhere it dives into the details. It strongly implies, for example, that the Administration will closely regulate AI that attempts to forecast where crimes might occur based on historical crime data.

The Order represents a substantial first step by the United States Government into the regulation of AI. In the end though, the Executive Branch is limited in what it can do without Congressional legislation.  The White House has expressly sought the assistance and support of Congress, where a number of AI-related pieces of legislation have already been introduced. Additionally, in advancing its AI principles of security, safety and trust, the Administration signaled its intention to continue working with the technology industry in shaping policy, as it did when it announced the voluntary commitments of AI developers in late July. 

We will address the Order and its impact in further detail in future posts, and analyze the draft rules promulgated by the government agencies charged with enacting this new, far-reaching regulatory framework.

 

 

 

1White House Fact Sheet: FACT SHEET: President Biden Issues Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence, https://www.whitehouse.gov/briefing-room/statements-releases/2023/10/30/fact-sheet-president-biden-issues-executive-order-on-safe-secure-and-trustworthy-artificial-intelligence/#:~:text=Promoting%20Innovation%20and%20Competition,the%20next%20seven%20countries%20combined.
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This content was originally published by Allen & Overy before the A&O Shearman merger

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