US President Issued Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence
2 November 2023
In a significant move, the US administration has issued a comprehensive Executive Order (“EO“) addressing various aspects of regulating artificial intelligence (“AI“) and its implications across sectors. This update provides a brief overview of the key directives of the EO.
AI Safety and Security Standards
The EO sets forth rigorous measures to enhance AI safety and security. It mandates developers of potentially dangerous foundation models to share safety test results and other critical information with the US government. The National Institute of Standards and Technology (NIST) is tasked with establishing stringent pre-release testing standards. The EO also emphasizes safeguards against AI’s potential misuse in creating hazardous biological materials and AI-driven deception. Additionally, it prioritizes advanced cybersecurity measures and orders the development of a National Security Memorandum to ensure ethical AI use by the US military and intelligence sectors.
Protection of Privacy
Acknowledging the potential risks posed by AI systems and their training process to personal data protection, the EO calls for bipartisan data privacy legislation. In addition, the EO directs for certain actions aimed to enhance data protection from and by AI. These actions include prioritizing federal support for accelerating the development and use of privacy-preserving techniques, strengthening privacy-preserving research and technologies, strengthening privacy guidance and developing privacy guidelines for federal agencies.
Equity and Civil Rights
The EO augments the actions taken by the US administration so far to prevent irresponsible use by AI that can lead to violation of civil rights and promote inequality, including by publishing the Blueprint for an AI Bill of Rights and issuing an Executive Order directing agencies to combat algorithmic discrimination. The EO now calls for additional actions including provide clear guidelines to prevent AI algorithms from intensifying discrimination; address algorithmic discrimination through training, technical assistance, and efficient enforcement; and ensure fairness throughout the criminal justice system by developing best practices on the use of AI.
Consumer, Patient and Student Protection
The EO underscores the potential benefits and challenges of AI for consumers, patients, and students. It advocates for the responsible use of AI in healthcare, emphasizing the development of life-saving drugs and establishing a safety program for AI-related healthcare practices. In the education sector, the EO promotes resources to aid educators in deploying AI tools, such as personalized tutoring, ensuring that AI advancements directly benefit the American public without compromising safety.
The EO addresses AI’s impact on the American workforce, emphasizing its potential benefits and challenges. The EO directs the development of principles and best practices to ensure fair AI practices in the workplace, preventing under compensation, bias and violation of workers’ rights. It also calls for a study on AI’s labor-market effects and enhanced federal support for workers affected by AI disruptions.
Promoting Innovation and Competition
The EO aims to stimulate AI research nationwide, offering resources like the National AI Research Resource and grants for vital areas like healthcare. The EO also advocates for a competitive AI ecosystem, supporting small developers and urging the Federal Trade Commission to exercise its authorities. Additionally, it seeks to modernize visa processes for skilled AI experts, promoting US AI advancements.
American Leadership on the Global Stage
Under the EO, the Administration seeks to maintain America’s global leadership in AI, by prioritizing collaborative efforts with other nations to ensure the responsible deployment and use of AI worldwide. The EO directs the establishment of international frameworks for AI’s benefits and risk management. Additionally, it emphasizes the importance of developing AI standards with global partners and harnessing AI to address international challenges, reinforcing the U.S.’s commitment to global AI safety and innovation.
Government Use of AI
Acknowledging the potential of AI to enhance government efficiency and service delivery, on the one hand, and the risks of AI, such as potential discrimination and unsafe decisions, on the other hand, the EO directs the provision of clear guidelines for federal agencies on AI deployment, emphasizing rights protection and safety. In addition, the EO advocates for streamlined AI procurement and efficient contracting and promotes rapid hiring of AI professionals and training for federal employees, ensuring a well-equipped government in the AI domain.
In conclusion, this Executive Order signifies a robust commitment by the US administration to harness the potential of AI while addressing its challenges head-on. As the landscape of AI regulation evolves, we remain committed to keeping our clients informed and well-prepared. Should you have any queries or require further insights into how this EO might impact your operations, please do not hesitate to reach out to our team.