President Biden Issues Executive Order on AI Security Standards
Commentary by Steven Lofchie
U.S. President Joseph R. Biden issued an Executive Order ("E.O.") establishing safety and security standards for artificial intelligence ("AI"). The standards are intended to protect citizens against potential technology risks while promoting competition.
The E.O. requires (i) AI developers to share their safety test results and other critical information with the U.S. government; (ii) federal agencies to develop standards, tools and tests to help ensure that AI systems are safe, secure and trustworthy; (iii) federal agencies that fund life sciences projects to develop standards to protect against the risks of using AI to engineer dangerous biological materials; (iv) federal agencies to develop guidance, standards and best practices for content authentication and watermarking to clearly label AI-generated content in order to protect Americans from AI-enabled fraud and deception; (v) federal agencies to establish an advanced cybersecurity program to develop AI tools to find and fix vulnerabilities in critical software and (vi) the National Security Council to develop a National Security Memorandum that directs further actions on AI and security to counter adversaries’ military use of AI.
In the E.O., President Biden warned of the potential of AI to "deepen discrimination, bias, and other abuses in justice, healthcare, and housing," and additional risks to consumers and workers. He ordered agencies to consider these risks while they develop AI solutions that can increase "capacity to regulate, govern, and disburse benefits, and . . . cut costs and enhance the security of government systems." He also called on Congress to pass bipartisan data privacy legislation. (See also, accompanying "Fact Sheet.")
Commentary
The President's Executive Order on AI reads very much like his Order on Digital Assets. And it elicits the same reaction: "Given the sheer number of agencies to be involved, the complete diversity of interests to be considered, and the absence of any prioritization of those interests, the Executive Order does not actually provide much in the way of direction."