On October 30, 2023, President Biden issued an Executive Order regarding the Development and Use of Artificial Intelligence across the federal government. The Executive Order (EO) is intended to establish new standards for AI safety and security. The EO builds on principles set forth last year in the White House’s Blueprint for an AI Bill of Rights.

The EO uses the definition of AI found in 15 U.S.C. 9401(3) which is the National Artificial Intelligence Initiative, which is a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. As such, the EO is not limited to just technologies like ChatGPT but also machine-based systems that make predictions, recommendations, and decisions.

Here are the highlights:

• The EO directs multiple government agencies from the Department of Commerce to the Department of Energy to develop guidelines and plans around the use and development of AI.
• The EO also seeks to advance technology and authenticate and trace content generated by AI.
• To promote innovation and competition, the EO sets out ways that the Departments of State and Homeland Security can make it easier to attract and retain the best foreign nationals with AI (and other emerging technologies) knowledge, skills, and education.
• Because of concerns that AI technologies could replace workers, several reports are mandated by the EO to determine both the potential for displacement but also to develop principles and best practices by employers to mitigate harm to employees while maximizing benefits.
• The EO calls on federal agencies to ensure AI does not promote bias and discrimination in various areas.
• Another concern addressed in the EO is consumer protection and privacy including clarifying the responsibility of regulated entities to conduct due diligence on and monitor any third-party AI services used. The EO calls on Congress to pass comprehensive privacy legislation, which has stalled over the last year.

While the White House is pushing forward the voluntary requirements for AI policy in the latest EO, it does not set forth enforcement. Though prior EOs have directed agencies to combat algorithmic discrimination.

The EO will spark more agency-level regulations pertaining to AI in the coming months. Additional focus is expected from Congress on AI.

If you have questions about AI legislation or related issues, contact a Jackson Lewis attorney to discuss.