President Biden today released the administration’s much-anticipated artificial intelligence (AI) executive order (EO), which focuses on seizing the promise and managing the risk of the emerging technology.
The EO establishes new standards for AI in eight categories including: safety and security; privacy; equity and civil rights; supporting consumers and workers; innovation and competition; American leadership; and government use of AI.
The sweeping order unveiled today also issues major policy marching orders to no less than seven Federal agencies for specific follow-up work, and calls on Congress to approve legislation on data privacy and other AI-related topics.
“President Biden is rolling out the strongest set of actions any government in the world has ever taken on AI safety, security, and trust,” White House Deputy Chief of Staff Bruce Reed said. “It’s the next step in an aggressive strategy to do everything on all fronts to harness the benefits of AI and mitigate the risks.”
The AI EO builds on work the Biden-Harris administration has already accomplished in this field – from the Blueprint for an AI Bill of Rights to the voluntary commitments from big tech CEOs – and tasks Federal agencies as well as the private sector with initiatives to promote safe, secure, and trustworthy AI.
New Standards for AI Safety and Security
As AI’s capabilities grow, so do its implications for Americans’ safety and security, the EO fact sheet says: “With this Executive Order, the President directs the most sweeping actions ever taken to protect Americans from the potential risks of AI systems.”
The safety and security section of the order includes a provision that will require developers of the most powerful AI systems to share their safety test results and other critical information with the U.S. government in accordance with the Defense Production Act.
It calls on the National Institute of Standards and Technology, alongside the Departments of Energy and Homeland Security, to develop standards, tools, and tests to help ensure that AI systems are safe, secure, and trustworthy – including AI systems that could pose a threat to critical infrastructure, as well as chemical, biological, radiological, nuclear, and cybersecurity risks.
The EO also aims to protect Americans from AI-enabled fraud and deception by establishing standards and best practices for detecting AI-generated content and authenticating official content. For example, the Department of Commerce has been tasked with developing guidance for content authentication and watermarking to clearly label AI-generated content.
“Federal agencies will use these tools to make it easy for Americans to know that the communications they receive from their government are authentic – and set an example for the private sector and governments around the world,” the fact sheet reads of the watermarking guidance.
It also calls for an advanced cybersecurity program to develop AI tools to find and fix vulnerabilities in critical software, building on the administration’s ongoing AI Cyber Challenge.
The EO directs the National Security Council and White House chief of staff to develop a National Security Memorandum to ensure the military and intelligence community use AI safely, ethically, and effectively in their mission.
Protecting Americans’ Privacy
On the legislative front, President Biden is calling on Congress to pass bipartisan data privacy legislation to better protect all Americans’ privacy, especially kids – including from the risks posed by AI.
The privacy section of the EO calls on the Federal government to:
- Prioritize Federal support for accelerating the development and use of privacy-preserving techniques – including ones that use cutting-edge AI and that let AI systems be trained while preserving the privacy of the training data;
- Strengthen privacy-preserving research and technologies, such as cryptographic tools that preserve individuals’ privacy, by funding a Research Coordination Network to advance rapid breakthroughs and development. The EO calls on the National Science Foundation to work with this network to promote the adoption of leading-edge privacy-preserving technologies by Federal agencies;
- Evaluate how agencies collect and use commercially available information and strengthen privacy guidance for Federal agencies to account for AI risks; and
- Develop guidelines for Federal agencies to evaluate the effectiveness of privacy-preserving techniques, including those used in AI systems.
Supporting Workers
The AI EO is addressing the widespread concern that the emerging technology will displace the nation’s workforce by developing principles and best practices to mitigate the harms and maximize the benefits of AI for workers by addressing: job displacement; labor standards; workplace equity, health, and safety; and data collection.
These principles and best practices will benefit workers by providing guidance to prevent employers from undercompensating workers, evaluating job applications unfairly, or impinging on workers’ ability to organize, the EO says.
Additionally, the EO calls for a report on AI’s potential labor-market impacts that studies and identifies options for strengthening Federal support for workers facing labor disruptions from AI.
Ensuring Responsible and Effective Government Use of AI
To ensure the responsible government deployment of AI and modernize Federal AI infrastructure, the President directed the following actions in the EO:
- Issue guidance for agencies’ use of AI, including clear standards to protect rights and safety, improve AI procurement, and strengthen AI deployment;
- Help agencies acquire specified AI products and services faster, more cheaply, and more effectively through more rapid and efficient contracting; and
- Accelerate the rapid hiring of AI professionals as part of a government-wide AI talent surge led by the Office of Personnel Management, U.S. Digital Service, U.S. Digital Corps, and Presidential Innovation Fellowship.
On this last piece, the White House noted that it has launched a new AI.gov website in an effort to bolster the AI talent search for the Federal government. Additionally, agencies will provide AI training for employees at all levels in relevant fields.
Promoting Innovation and Competition
To ensure America continues to lead the way in innovation and competition, this section of the EO calls for the establishment of a National AI Research Resource – a pilot tool that will provide AI researchers and students access to key AI resources and data. The EO also directs expanded grants for AI research in vital areas like healthcare and climate change.
Additionally, the EO directs the promotion of a fair, open, and competitive AI ecosystem by providing small developers and entrepreneurs access to technical assistance and resources, helping small businesses commercialize AI breakthroughs, and encouraging the Federal Trade Commission to exercise its authorities.
The President plans to also use existing authorities to expand the ability of highly skilled immigrants and nonimmigrants with expertise in critical areas to study, stay, and work in the United States by modernizing and streamlining visa criteria, interviews, and reviews.
Standing Up for Consumers, Patients, and Students
AI can bring real benefits to consumers – for example, by making products better, cheaper, and more widely available, the fact sheet says. But AI also raises the risk of injuring, misleading, or otherwise harming Americans. To protect consumers while ensuring that AI can make Americans better off, the President directs the following actions:
- Advance the responsible use of AI in healthcare and the development of affordable and life-saving drugs. The Department of Health and Human Services will also establish a safety program to receive reports of harms or unsafe healthcare practices involving AI; and
- Shape AI’s potential to transform education by creating resources to support educators deploying AI-enabled educational tools, such as personalized tutoring in schools.
Advancing Equity and Civil Rights
“Irresponsible uses of AI can lead to and deepen discrimination, bias, and other abuses in justice, healthcare, and housing,” the EO fact sheet says.
The President’s EO calls for clear guidance that will be provided to landlords, Federal benefits programs, and Federal contractors to keep AI algorithms from being used to exacerbate discrimination.
Additionally, the Department of Justice and Federal civil rights offices will address algorithmic discrimination through training, technical assistance, and coordination on best practices for investigating and prosecuting civil rights violations related to AI.
Finally, the EO aims to ensure fairness throughout the criminal justice system by developing best practices on the use of AI in sentencing, parole and probation, pretrial release and detention, risk assessments, surveillance, crime forecasting and predictive policing, and forensic analysis.
Advancing American Leadership Abroad
“AI’s challenges and opportunities are global,” the EO states. “The Biden-Harris Administration will continue working with other nations to support safe, secure, and trustworthy deployment and use of AI worldwide.”
Specifically, the EO directs the State Department to lead an effort to establish robust international frameworks for harnessing AI’s benefits and managing its risks.
Additionally, the document aims to accelerate development and implementation of vital AI standards with international partners and in standards organizations and promote the safe, responsible, and rights-affirming development and deployment of AI abroad to solve global challenges – such as advancing sustainable development and mitigating dangers to critical infrastructure.
The White House has also acknowledged that while the AI EO is powerful, it is not enough. The administration said it continues to work closely with Congress to pass bipartisan AI legislation as well as noting that the Office of Management and Budget plans to quickly release Federal guidance for agencies’ AI use following the AI EO.
