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.

Tags: bias, discrimination, employment, government, immigration, privacy, technology
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Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the…

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.

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Photo of Teri Wilford Wood Teri Wilford Wood

Teri Wilford Wood is of counsel in the New York City office of Jackson Lewis P.C. Her practice focuses on representing employers in global workplace law matters, including preventive advice and counseling.

At Jackson Lewis, Teri focuses primarily on international employment issues, corporate…

Teri Wilford Wood is of counsel in the New York City office of Jackson Lewis P.C. Her practice focuses on representing employers in global workplace law matters, including preventive advice and counseling.

At Jackson Lewis, Teri focuses primarily on international employment issues, corporate governance and investigations, workplace training and restrictive covenants worldwide.

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Photo of Alec Nealon Alec Nealon

Alec Nealon is a principal in the Houston, Texas, office of Jackson Lewis P.C. Alec advises clients on a broad range of executive compensation and employee benefits matters, including in the context of corporate transactions.

Alec provides counsel to employers and management teams…

Alec Nealon is a principal in the Houston, Texas, office of Jackson Lewis P.C. Alec advises clients on a broad range of executive compensation and employee benefits matters, including in the context of corporate transactions.

Alec provides counsel to employers and management teams on all aspects of designing, negotiating and drafting employment, consulting, termination, severance, change in control and restrictive covenant agreements (including non-competition, non-solicitation and confidentiality arrangements), equity-based compensation plans and cash bonus plans. Alec regularly represents employers in connection with hiring, termination and implementation of management transition programs, and advises on compliance with Sections 409A and 280G of the Internal Revenue Code.

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