Go-To Guide: |
President Biden’s wide-ranging Oct. 30 executive order (EO) on artificial intelligence (AI) means that companies using AI or making AI products should stay current on a wave of new government regulations and guidance in the coming year.Review upcoming best practice guidance addressing specific industries to be aware of what customers (including the government) will expect of AI tools.Become familiar with the AI Risk Management Framework, NIST AI 100-1, and forthcoming risk management frameworks for specific industries to evaluate how they are managing AI risks. Understand the EO’s (and upcoming regulations’) emphasis on equitable treatment of users/consumers/employees/patients as AI technologies are rolled out, to understand a key guiding principle.For small- and medium-sized enterprises (SMEs), watch for government grants/funds for rollout of AI and for training. |
EOs are not laws and do not have the force of law; instead, they are directives to executive branch government entities (employees, agencies, departments, etc.), instructing them to leverage existing legal authority. This EO directs federal agencies and departments to create new standards and regulations for use and oversight of AI, including to ensure responsible and nondiscriminatory use of AI with respect to national security, employment, immigration, criminal justice, intellectual property, education, health care, and more. A major focus of the EO is establishing guidance on best practices, including for risk management. Some forthcoming guidance may not be legally binding per se, but may set expectations for protecting users, consumers, patients, employees, and others from impacts of AI adoption.