New Executive Order Tries to Place Some Guardrails on AI

AI integration into all aspects of work is moving forward like a Formula One race car. Unfortunately, it is doing so, to continue the analogy, on road that is cracked and broken.

Congress, it seems, is ill-equipped to deal with it.

So the Biden administration sent out a memo this week (technically an Executive Order, but that is really not much more than an inter-departmental memo) asking parts of the executive branch to do what it can in the face of Congressional inaction.

According to the law firm Ballard Spahr, here are some of the key takeaways of the executive order:

That developers of powerful, large AI systems disclose safety test results and other critical information to the U.S. government;
The National Institute of Standards and Technology to develop standards and tests to ensure that AI systems are safe, secure, and trustworthy;
Agencies that fund life sciences research to protect against the risks of using AI to engineer dangerous biological materials;
The Department of Commerce to develop guidance for content authentication and watermarking to clearly label AI-generated content. This will serve to protect Americans from AI-enabled fraud by establishing standards and best practices for detecting AI-generated content and authenticating official content; and
The development of a National Security Memorandum that directs further actions on AI and security. The National Security Memorandum is to be developed by the National Security Council and White House Chief of Staff.
The Order also contains measures designed to prevent discrimination, bias, and other abuses in industries ranging from healthcare to housing and criminal justice by preventing algorithmic discrimination.

Note that there is nothing in this or any EO that is mandatory – it is not even mandatory on the executive branch other than your boss might get angry at you or fire you. Beyond that, nothing.

However, there is one important thing that it does do. It impacts federal spending. Companies that want to sell their AI stuff to the feds will likely need to comply with the controls that are developed as a result of the EO. Applying the pressure of billions of dollars in federal spending should not be ignored as impacting the playing field.

Credit: Ballard Spahr and Politico