The Biden Administration has introduced a comprehensive executive order (EO) aimed at regulating artificial intelligence development and enhancing public safety. This initiative seeks to establish robust protections for consumers and workers while promoting innovation and competition.
"The President directed his team to leverage every resource," a senior administration official commented. "This order mobilizes the federal government across multiple domains to manage AI risks and capitalize on its potential... It serves to protect consumers and workers, foster innovation, and maintain American leadership globally." The EO will gradually roll out over the next year, with preliminary safety measures expected within 90 days and more extensive reporting and transparency initiatives taking 9 to 12 months for full implementation. An “AI council,” chaired by White House Deputy Chief of Staff Bruce Reed, will oversee this process with meetings involving federal agency heads.
Public Safety Measures
In light of recent advancements, 15 major American tech companies have voluntarily committed to ensuring the safety and security of AI technologies before public release. However, the administration acknowledges that these measures are insufficient. The EO mandates new safety standards for AI, including reporting requirements for developers of foundation models that affect national and economic security. Companies developing high-risk AI models must notify the federal government during the training phase, sharing the results of all safety assessments before releasing these models to the public. This step is crucial to minimize the rollout of unreliable AI products.
Moreover, the EO stipulates the disclosure of the system's training history, allowing for a verification period before release to ensure safety and security. Notably, these requirements will not apply to existing AI models or smaller companies, focusing instead on next-generation systems being developed by larger corporations.
The EO also encourages the Departments of Energy and Homeland Security to tackle AI threats to critical infrastructure and manage risks associated with chemical, biological, radiological, nuclear, and cybersecurity concerns. Developers who violate the EO may face scrutiny from relevant regulatory agencies, regardless of their AI model’s age or processing capabilities.
Efforts to enhance cybersecurity are also part of this order, which includes establishing a program to create AI tools capable of autonomously identifying and addressing vulnerabilities in critical software systems.
AI Watermarking and Validation
In response to the rise of deepfake technology and AI-driven disinformation, the administration is implementing measures to ensure the authenticity of text, audio, and video content shared by federal channels. The Department of Commerce is tasked with developing a watermarking system in collaboration with industry groups to facilitate this effort. This initiative aims to standardize digital watermarking practices, thereby bolstering trust in government communications.
Civil Rights and Consumer Protections
The EO builds upon the Blueprint for an AI Bill of Rights by extending guidance to landlords, federal benefits programs, and contractors to prevent AI-related discrimination. It will also direct the Department of Justice to create best practices for addressing civil rights violations linked to AI usage in various contexts, including policing and risk assessments.
Additionally, the EO prioritizes federal initiatives to accelerate the development of privacy-preserving technologies for large datasets, while also reiterating the need for bipartisan legislation to address privacy concerns surrounding AI.
In healthcare, the Department of Health and Human Services will develop a safety program to monitor and improve AI-based medical practices. The administration will also support the deployment of AI educational tools in schools.
Worker Protections
Recognizing the potential workforce disruptions caused by AI advancements, the EO outlines principles to safeguard workers and mitigate job displacement risks. It will direct the Department of Labor and the Council of Economic Advisors to examine AI's impact on the labor market and explore ways to support affected workers.
To bolster talent acquisition in the federal sector, a new federal jobs portal, AI.gov, will provide resources and information on fellowship programs. Efforts are also underway to simplify immigration processes for skilled workers in advanced industries.
While the administration has been collaborating with AI companies on these initiatives, some lawmakers argue that the EO alone cannot substitute for comprehensive legislative action. Senate Majority Leader Chuck Schumer highlighted that substantial progress requires congressional involvement, emphasizing the limitations of executive orders in addressing these critical issues comprehensively.