Executive Order On Artificial Intelligence
November 2, 2023
On October 30, 2023, President Biden issued an Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (AI). Outlining the benefits and dangers of AI, the Order defines the Administration’s policy to “advance and govern the development and use of AI in accordance with eight guiding principles and priorities.”
Those priorities offer employers insight into what federal agencies will be focused on in the coming years with regard to AI. They are: safety and security; innovation, competition and collaboration; a commitment to supporting American workers; consumer protections; advancing equity and civil rights; protecting privacy and civil liberties; advancing American leadership abroad; and ensuring responsible and effective government use of AI.
The Executive Order creates the “White House Artificial Intelligence Council” to coordinate the activities of the Federal Government’s agencies and ensure the “effective formulation, development, communication, industry engagement related to, and timely implementation of AI-related policies.” The Executive Order assigns a variety of AI related tasks to the agencies of the Federal Government. For example, the Department of Commerce is tasked with developing guidance for labeling AI-generated content to make it easier for the public to know what has been created using AI. And the Departments of Energy and Homeland Security will address AI systems’ threats to critical infrastructure. The Order also calls upon private industry to share information about its AI programs and tests in certain circumstances.
This extensive Order covers a lot of ground, and we encourage employers to review its Fact Sheet. Employers should expect to see all federal agencies focusing on AI in 2024 and be prepared for new guidance and/or regulations in a variety of contexts.
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