
President Biden Issues Executive Order on "Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" [UPDATE: this Order was revoked as of January 20, 2025]
On October 30, 2023, President Biden signed an executive order entitled, "Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" ("AI").
According to the White House, the president directs the following high-level actions under eight priority areas:
- AI Safety and Security Standards. AI developers whose models pose national security, economic security, or public health risks will be required to notify the government when training their AI model(s) and share results of safety tests. The government will similarly develop guidance and practices to help government, citizen, and military stakeholders best interact with AI safely and positively.
- Protecting Americans' Privacy. Federal agencies are directed to strengthen privacy-preserving research and technologies, support and evaluate privacy-preserving techniques for AI, and develop further privacy guidance to address AI risks. President Biden calls on Congress to pass bipartisan data privacy legislation.
- Advancing Equity and Civil Rights. The federal government must provide best practices and guidance documents for (i) civil rights investigation involving AI, (ii) the use of AI in the criminal justice system, and (iii) algorithmic discrimination.
- Standing Up for Consumer, Patient, and Student Protection. The Department of Health and Human Services will establish a reporting program to remedy harmful uses of AI in health care. Additionally, the federal government will create resources for willing educators to best use AI when desired.
- Supporting Workers. The federal government will prepare a report identifying AI's potential labor market impacts. The executive order aims to mitigate the harm and maximize the benefits of AI on workers nationwide.
- Promoting Innovation and Competition. The federal government will provide grants and other funding resources for AI research and development. President Biden calls for a streamlined visa process so highly skilled individuals with AI experience can study, stay, and work in the United States.
- Advancing America's Leadership Abroad. President Biden encourages international collaborations and development of AI standards. The State and Commerce Departments will lead the effort to establish international frameworks for benefit maximization and risk management.
- Ensuring Responsible and Effective Government Use of AI. The executive order directs the issuance of clear standards guiding agencies' use, acquisition, and hiring related to AI.
On January 20, 2025, President Trump revoked the Biden AI Executive Order discussed in this alert, and criticized it for having “hampered the private sector’s ability to innovate in AI by imposing government control over AI development and deployment.” Days later, President Trump issued his own Executive Order on AI, entitled “Removing Barriers to American Leadership in Artificial Intelligence.” The Trump Administration’s AI Order “establishes the commitment of the United States to sustain and enhance America’s dominance in AI to promote human flourishing, economic competitiveness, and national security[]” and prioritizes the development of AI systems that are “free from ideological bias or engineered social agendas.” The Order directs the development of an AI Action Plan. The Trump Executive Order on AI can be found here.