President Biden’s Executive Order on AI
On October 30, 2023, the Biden Administration issued the groundbreaking Executive Order 14110 on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (Order), which sets in motion a comprehensive US strategy for the responsible development and use of artificial intelligence (AI). The broad ranging and robust Order directs US executive departments and agencies to develop standards, frameworks and best practices in anticipation of using their existing authorities to regulate AI. Agencies must take specific steps on virtually every federal law, regulation, and policy that bears on the responsible use of AI.
While recognizing the benefits that can be derived from the use of AI, the Order highlights the numerous known risks associated with AI’s potential misuse, ranging from damage to national security, critical infrastructure and privacy to fraud, discrimination and bias to disinformation, and concern over workforce displacement and the stifling of competition. The Order places urgency on advancing a set of principles, standards, and priorities designed to strike a balance between the need to encourage innovation and the need to build effective guardrails to protect against societal harms and ensure the safe and secure development and use of AI.
The potential impacts of AI on critical infrastructure is a key focus of the Order. It mandates that federal agencies evaluate and assess potential risks related to AI use in those critical infrastructure sectors that they regulate. Critical infrastructure includes systems and assets vital to the United States’ security, economy, public health, and safety.
The Order also requires the National Institute of Standards and Technology (NIST) to set standards for extensive red-team testing to ensure AI safety before public release. These standards will apply to critical infrastructure sectors.
At its core the Order recognizes that AI is a global technology and that there is a strong need to develop, with international allies, a framework to both manage AI’s risks and unleash its benefits.
Key legal risks / issues
1. Damage to national security and critical infrastructure.
2. Fraud and disinformation.
3. Discrimination, bias, increased cybersecurity and privacy risks.
Actions for consideration
1. If your industry is part of the U.S.’ critical infrastructure, stay informed of the results of the risk assessments conducted by federal agencies of AI uses in your sector.
2. Understand the standards NIST sets for red-teaming, cybersecurity and other facets of AI.
3. Stay attuned to the new regulations and interpretations of existing regulations from federal agencies as they assess the unique risks of AI, whether in the area of cybersecurity, privacy, bias, fraud, deepfakes, etc.
Related contacts
Rachel Reid
Head of Artificial Intelligence, US E: rachelreid@eversheds-sutherland.com T: +1 404 853 8134 View profile
Mary Jane Wilson-Bilik
Partner E: mjwilson-bilik@eversheds-sutherland.com T: +1 202 383 0660 View profile
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