The New Phase of AI Governance: Update on AI Executive Order 14110
Author: Harvey Morrison
In October of 2023, the Biden Administration issued an Executive Order aimed at securing the United States’ leadership in the development and deployment of artificial intelligence while ensuring this technology is used responsibly to protect individual privacy and data. This landmark order sets new standards for AI safety and security, upholds Americans’ privacy, promotes equity and civil rights, safeguards consumers and workers, encourages innovation and competition, and reinforces American leadership on the global stage.
The Executive Order notes: “The rapid speed at which AI capabilities are advancing compels the United States to lead in this moment for the sake of our security, economy, and society.” As part of this effort, federal agencies such as the Department of Commerce, Department of State, and Department of Homeland Security will play key roles in implementing the order’s mandates.
Key Insights from the Executive Order
Enhanced Transparency: Developers of advanced AI systems will be required to share safety test results and other critical information with the U.S. government.
Safety and Security Standards: New standards, tools, and tests will be developed to ensure AI systems are reliable, secure, and trustworthy.
Biological Material Screening: To prevent misuse, rigorous standards for screening biological synthesis will be established.
Fraud Prevention: Standards and best practices will be created to detect AI-generated content and authenticate official materials. The Department of Commerce will lead efforts to provide guidance on content authentication and watermarking for AI-generated content.
Advanced Cybersecurity Initiatives: The order mandates the development of AI-driven tools to identify and resolve vulnerabilities in critical software.
Support for AI Research: The National AI Research Resource pilot will provide researchers and students access to essential AI data and resources, along with expanded grants for AI research in critical areas like healthcare and climate change.
AI Standards for Government Use: Clear guidelines will be issued for agencies on the ethical use of AI, with a focus on rights protection, improved AI procurement, and stronger AI deployment practices.
Streamlined AI Procurement: The order emphasizes faster, more efficient acquisition of specified AI products and services for federal agencies.
Government AI Talent Surge: A cross-agency push to recruit AI professionals will be led by the Office of Personnel Management, U.S. Digital Service, U.S. Digital Corps, and the Presidential Innovation Fellowship, with training available to government employees across fields.
Last week, the Biden Administration issued an update on the EO - A year since the order, significant strides have been made across diverse sectors, showcasing the immense promise and responsibility that AI holds. Let's explore these key accomplishments and their impact on safety, security, and societal well-being.
Understanding the Significance of the Executive Order
The Executive Order marked a pivotal moment in the AI landscape, directing federal agencies to undertake over a hundred actions to safeguard Americans and promote AI-driven growth. This comprehensive approach sought to balance AI's potential benefits against its risks, ensuring that technological advancement doesn't come at the expense of human rights and societal values.
By setting this precedent, the Biden-Harris Administration aimed to establish a robust framework for AI governance, securing the United States' position as a global leader in ethical and responsible AI development.
Managing AI Risks to Safety and Security
Defense Production Act and AI Development
To mitigate safety and security risks, the administration leveraged the Defense Production Act to mandate AI developers report vital information, including safety testing results and training plans, to the government. This proactive approach ensures that AI systems undergo rigorous scrutiny before deployment, safeguarding against potential threats from foreign actors or dangerous applications.
AI Safety Testing and AI Safety Institute
The U.S. AI Safety Institute (US AISI) spearheaded efforts to advance AI safety science through pre-deployment testing of new AI models. By collaborating with leading AI developers, the institute aims to identify vulnerabilities and enhance AI resilience, ensuring that these technologies serve the public good without compromising security.
Managing Dual-Use Risks and AI Governance
The administration developed guidance and tools to manage risks associated with dual-use AI models, which could be exploited for harmful purposes. Additionally, the National Security Memorandum (NSM) outlined a comprehensive framework for AI governance, emphasizing transparency, accountability, and democratic values in AI deployment.
Protecting Privacy, Equity, and Civil Rights
AI Principles for Workers and Consumers
The Department of Labor released principles and best practices to protect workers' rights as AI becomes an integral part of the workplace. These guidelines empower employers to use AI responsibly, ensuring that technological advancements enhance job quality and worker well-being.
AI in Healthcare and Patient Safety
The Department of Health and Human Services (HHS) established an AI Safety Program to monitor AI's use in healthcare and mitigate associated risks. By prioritizing transparency and equity, HHS aims to foster innovation while safeguarding patients' rights and safety.
AI in Education and Housing
The Department of Education published resources to guide the safe design and use of AI in educational settings. Similarly, guidance was issued for AI's nondiscriminatory use in housing, affirming existing protections against algorithmic bias and ensuring equitable access to housing opportunities.
Promoting Innovation and Competition
Advancing AI Research and Development
Federal agencies have prioritized AI research and development, fostering innovation and competition in key sectors. By supporting cutting-edge projects and collaborations, the administration aims to position the United States at the forefront of the AI revolution.
AI's Role in Strengthening Infrastructure
AI's potential to enhance critical infrastructure was explored through initiatives such as the AI Safety and Security Board and the Task Force on AI Datacenter Infrastructure. These efforts aim to bolster national security and resilience, ensuring that AI-driven solutions contribute to a safer and more robust infrastructure.'
Building an Inclusive AI Ecosystem
Community Engagement and Public Awareness
Recognizing the importance of inclusivity, the administration has engaged with diverse stakeholders to ensure that AI development reflects societal values and needs. Public awareness campaigns and community outreach efforts aim to foster trust and confidence in AI technologies.
Supporting Underrepresented Groups
Efforts to promote diversity and inclusion in AI development have been a priority, with initiatives to support underrepresented groups in the tech industry. By creating opportunities for all, the administration seeks to build a more equitable and representative AI ecosystem.
As the federal government launches this new phase of AI governance, the opportunities for AI organizations to impact the landscape while navigating emerging regulatory frameworks are substantial. Marion Square is positioned to guide companies through these evolving requirements, helping them understand, adapt, and thrive within the administration’s new AI standards. With deep expertise in government relations and technology strategy, Marion Square ensures that AI innovators not only meet compliance requirements but also enhance their strategic positioning within the federal ecosystem. By aligning forward-thinking AI solutions with public safety and ethical principles, Marion Square empowers organizations to drive meaningful contributions toward a secure and trustworthy AI future.