On October 30, 2023, President Biden signed the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (hereinafter the “Executive Order”), addressing artificial intelligence issues for the American people.  Specifically, the Executive Order establishes new standards for artificial intelligence relating to safety, security, privacy, civil rights, immigration, and health care. Although the Executive Order only applies to governmental agencies, it provides insight as to potential regulations pertaining to artificial intelligence in the public sector that could be on the horizon.  Below is a summary of some the directives set forth in the Executive Order.

New Standards for AI Safety and Security

The Executive Order directs members of the President’s Cabinet and other agencies to develop new standards to ensure artificial intelligence safety and security, which would include:

• Require that developers of the most powerful AI systems share their safety test results and other critical information with the U.S. government.
• Develop standards, tools, and tests to help ensure that AI systems are safe, secure, and trustworthy. 
• Protect against the risks of using AI to engineer dangerous biological materials by developing strong new standards for biological synthesis screening.
• Protect Americans from AI-enabled fraud and deception by establishing standards and best practices for detecting AI-generated content and authenticating official content. 
• Establish an advanced cybersecurity program to develop AI tools to find and fix vulnerabilities in critical software.
• Order the development of a National Security Memorandum that directs further actions on AI and security.

Protecting Americans’ Privacy

The Executive Order directs Congress to pass bipartisan data privacy legislation to protect all Americans, especially kids, and directs the following actions:

• Protect Americans’ privacy by prioritizing federal support for accelerating the development and use of privacy-preserving techniques.
• Strengthen privacy-preserving research and technologies.
• Evaluate how agencies collect and use commercially available information.
• Develop guidelines for federal agencies to evaluate the effectiveness of privacy-preserving techniques.

Advancing Equity and Civil Rights

To ensure that AI advances equity and civil rights, the Executive Order directs the following additional actions:

• Provide clear guidance to landlords, Federal benefits programs, and federal contractors.
• Address algorithmic discrimination.
• Ensure fairness throughout the criminal justice system.

Standing Up for Consumers, Patients, and Students

To protect consumers while ensuring that AI can make Americans better off, the Executive Order directs the following actions:

• Advance the responsible use of AI in healthcare and the development of affordable and life-saving drugs. 
• Shape AI’s potential to transform education by creating resources to support educators deploying AI-enabled educational tools, such as personalized tutoring in schools.

Supporting Workers

To support workers’ ability to bargain collectively and invest in workforce training and development that is accessible to all, the Executive Order directs the following actions:

• Develop principles and best practices to mitigate the harms and maximize the benefits of AI for workers.
• Produce a report on AI’s potential labor-market impacts, and study and identify options for strengthening federal support for workers facing labor disruptions.

Promoting Innovation and Competition

The Executive Order directs the following actions to promote innovation and competition:

• Catalyze AI research across the United States.
• Promote a fair, open, and competitive AI ecosystem. 
• Use existing authorities to expand the ability of highly skilled immigrants and nonimmigrants with expertise in critical areas to study, stay, and work in the United States.

Conclusion

While the Executive Order applies mainly to developers and deployers of Artificial Intelligence technology at this time, it is likely that similar regulations will be implemented for the public sector in the future.  We will continue to monitor the directives set forth in the Executive Order and will keep you apprised of developments as they become available. 

Should you have any questions, please contact Ali Law Group.