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BREAKING NEWS: President Biden Issues Executive Order on AI That Affects Virtually Every Government Agency

October 31, 2023

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BREAKING NEWS: President Biden Issues Executive Order on AI That Affects Virtually Every Government Agency

On Monday October 30, President Biden signed an executive order that caught many industry observers by surprise. The Executive Order outlines the importance of responsible AI use and the potential benefits and risks associated with it. It directs virtually all federal agencies to prioritize the development of AI technologies that are safe, secure, and trustworthy, and to establish guidance for their development and use. The order also emphasizes the importance of international cooperation and collaboration in promoting responsible AI use.

In addition to identifying the perceived benefits and risks of this disruptive technology, the order gives each agency specific deliverables and deadlines that range between 90 days and 270 days. In other words, by this time next year (and before the 2024 election), virtually the entire Executive branch of the US Government will have an AI game plan in place or in development. The Executive Order also creates a White House Council on AI that includes the heads of all of the major agencies. In addition, the Order creates expedited immigration protocols to attract AI skilled talent to the US, including streamlining the processing of visas and applications. The order also prioritizes AI-skilled hiring across all federal agencies.

The document identifies eight areas of concern related to AI development and use, including:

  1. Public trust in AI

  2. Public participation and civil liberties

  3. Fairness and non-discrimination

  4. Safety and security

  5. Privacy and confidentiality

  6. Education and training

  7. Research and development

  8. International cooperation

Here are some of the key points of the Executive Order:

  • Establishes new standards for AI safety and security. This includes requiring companies developing high-risk AI systems to notify the government and share results of safety tests before public release. It also directs agencies to develop standards, tools, and tests to ensure AI systems are safe and secure. Further actions are directed to address risks of AI in critical infrastructure, biological engineering, fraud/deception, and cybersecurity.

  • Protects Americans' privacy by prioritizing research and adoption of privacy-preserving AI techniques in government. It calls on Congress to pass data privacy legislation. It also directs agencies to strengthen privacy guidance and evaluate risks of commercial data collection, especially around personal data.

  • Advances equity and civil rights by providing guidance to landlords, benefits programs, and contractors against algorithmic discrimination. It directs coordination between civil rights offices and DOJ on investigating/prosecuting AI-related civil rights issues. It calls for best practices on fair use of AI in criminal justice.

  • Protects consumers, patients, and students by establishing healthcare AI safety programs and remedies for unsafe practices. It creates resources to support responsible AI use in education like personalized tutoring.

  • Supports workers by directing the development of principles and best practices to mitigate workplace harms of AI around job displacement, labor standards, workplace equity and safety. It calls for studying AI's labor market impacts.

  • Promotes innovation by providing access to AI resources/data and research grants. It aims to support small businesses and encourage FTC oversight of fair competition. It also aims to streamline visa processes for skilled AI experts.

  • Seeks to advance American leadership abroad through bilateral and multilateral frameworks for managing risks and ensuring safety of AI globally. It calls for collaboration on vital AI standards.

  • Ensures responsible government use of AI by issuing guidance on rights, safety, procurement, and deployment. It aims to accelerate hiring of AI experts across government and provide training.

With the current climate in Washington DC, many observers speculated that it would take a long time to get a meaningful response from the Federal government to the challenges and opportunities posed by AI. With a stroke of a pen (and a lot of groundwork beforehand), President Biden has put Congress, Silicon Valley and the nations of the world on notice that the US plans to lead on responsible AI development.