White House Unveils New Executive Order for Artificial Intelligence – New Technology

White House Unveils New Executive Order for Artificial Intelligence – New Technology

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On October 30, 2023, President Joe Biden signed a new Executive Order on Safe, Secure, and Trustworthy AI. The order builds on previous AI initiatives based on voluntary commitments the White House has obtained from leading AI companies and represents the first major binding government action on the technology. As such, the Executive Order depicts the U.S. government’s latest efforts in monitoring and regulating AI risks while also harnessing its potential in the economic, national, and social security arenas. The Executive Order is guided by the following principles and priorities:

Safety and security

The Executive Order directs the establishment of new safety and security standards for artificial intelligence, including by:

  1. Requiring developers of the most powerful AI systems to share their safety test results and other important information with the federal government;

  2. Develop standards, tools, and tests to help ensure that AI systems are safe, secure, and trustworthy;

  3. Protect against the risks of using AI to engineer hazardous biological materials by developing robust new standards for biological structure screening;

  4. Mitigating AI-powered fraud and deception by establishing standards and best practices for detecting AI-generated content and authenticating official content;

  5. Establish a cybersecurity program to develop artificial intelligence tools to identify and fix flaws in critical software; And

  6. Order the preparation of a national security memorandum to guide further actions on artificial intelligence.

Privacy

The executive order aims to protect Americans from privacy risks posed by artificial intelligence by:

  1. Prioritize federal support to accelerate the development and use of privacy-preserving technologies;

  2. Promote privacy-related research and technologies;

  3. Evaluate how agencies collect and use commercially available information and enhance privacy guidelines for federal agencies to account for AI risks; And

  4. Develop guidelines for federal agencies to evaluate the effectiveness of privacy-preserving technologies.

Equity and civil rights

The executive order aims to ensure that AI advances equality and civil rights by:

  1. Provide clear guidance to landlords, federal benefits programs, and federal contractors to prevent the use of artificial intelligence algorithms to exacerbate discrimination;

  2. addressing algorithmic discrimination; And

  3. Ensuring fairness throughout the criminal justice system.

consumer protection

The executive order aims to protect consumers, patients, and students from the risks posed by artificial intelligence by:

  1. Promote the responsible use of AI in healthcare and develop affordable, life-saving medicines; And

  2. Shaping the potential of artificial intelligence to transform education.

Worker protection

The executive order aims to enhance support for workers in the labor market through:

  1. Develop principles and best practices to mitigate the harms of artificial intelligence and maximize its benefits for workers; And

  2. Producing a report on the potential impacts of artificial intelligence on the labor market and identifying ways to strengthen federal support for workers facing job disruptions.

Innovation and competition

The executive order aims to promote innovation and competition in America by:

  1. Expanding AI research throughout the United States;

  2. Promoting a fair, open and competitive AI ecosystem; And

  3. Use the authorities to expand the ability of highly skilled immigrants and nonimmigrants with expertise in critical areas to study, reside, and work in the United States.

Global leadership

The executive order aims to strengthen American leadership around the world by:

  1. Expanding partnership engagements for AI collaboration;

  2. Accelerate the development and implementation of critical AI standards; And

  3. Promoting the development and deployment of artificial intelligence in a safe and responsible manner and asserting rights abroad to solve global challenges.

Government use of artificial intelligence

The Executive Order aims to ensure responsible and effective government use of artificial intelligence by:

  1. Issuing guidance for agencies’ use of artificial intelligence;

  2. Assist agencies in sourcing specific AI products and services; And

  3. Accelerate the rapid hiring of AI professionals.

Conclusion

Given the breadth of the directives imposed by the Executive Order, they may have implications for entities in all market sectors. Determining the extent to which a matter will impact an entity will entail carefully evaluating not only the entity’s use of AI, but also the extent to which its products and services integrate or rely on the AI-enabled capabilities of third-party vendors. Therefore, potentially affected companies should reference their AI standards and practices to the Executive Order’s mandates to identify gaps and plan for future federal guidance or regulation in this area. Companies should continue to monitor the landscape of federal and state legislation regarding AI to ensure compliance with these constantly evolving regulations.

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Disclaimer: This alert has been prepared and published for informational purposes only and is not provided, and should not be construed, as legal advice. For more information, please see the company Full disclaimer.

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