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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.
On Oct. 30, 2023, President Biden issued a broad executive order designed to manage risks associated with AI. This is a mammoth order, touching nearly every industry and instructing entities (departments, agencies, etc.) across the government to take a range of action. This GT Advisory breaks down how the EO may affect various businesses, including some directives for proposed regulations, some actions agencies and departments must undertake, and key takeaways.
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.

Read the full GT Alert

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Photo of Alan N. Sutin Alan N. Sutin

Alan N. Sutin is Chair of the firm’s Technology, Media & Telecommunications Practice and Senior Chair of the Global Intellectual Property & Technology Practice. An experienced business lawyer with a principal focus on commercial transactions with intellectual property and technology issues and privacy

Alan N. Sutin is Chair of the firm’s Technology, Media & Telecommunications Practice and Senior Chair of the Global Intellectual Property & Technology Practice. An experienced business lawyer with a principal focus on commercial transactions with intellectual property and technology issues and privacy and cybersecurity matters, he advises clients in connection with transactions involving the development, acquisition, disposition and commercial exploitation of intellectual property with an emphasis on technology-related products and services, and counsels companies on a wide range of issues relating to privacy and cybersecurity. Alan holds the CIPP/US certification from the International Association of Privacy Professionals.

Alan also represents a wide variety of companies in connection with IT and business process outsourcing arrangements, strategic alliance agreements, commercial joint ventures and licensing matters. He has particular experience in Internet and electronic commerce issues and has been involved in many of the major policy issues surrounding the commercial development of the Internet. Alan has advised foreign governments and multinational corporations in connection with these issues and is a frequent speaker at major industry conferences and events around the world.

Photo of Robert Mangas Robert Mangas

Rob is a shareholder in the firm’s Federal Government Law & Policy group. He has represented clients before Congress and federal agencies from a variety of industries and in a number of policy areas, including trade, energy, environment, health care, biotechnology, transportation, financial…

Rob is a shareholder in the firm’s Federal Government Law & Policy group. He has represented clients before Congress and federal agencies from a variety of industries and in a number of policy areas, including trade, energy, environment, health care, biotechnology, transportation, financial services, manufacturing, tax, pensions, defense, and foreign relations. Rob has a depth of understanding of the rules of the U.S. Senate and House of Representatives, and he has deep experience in legislative drafting. He previously served as chief of staff to U.S. Senator Wendell Ford, the former Senate Majority Whip.

Concentrations

  • Health care
  • Energy
  • Biotechnology
  • Manufacturing
  • Foreign affairs
Photo of Andrew (A.J.) Tibbetts Andrew (A.J.) Tibbetts

Leveraging his technical proficiency and prior software engineering career, Andrew (A.J.) Tibbetts provides business-oriented IP legal counseling for software, AI and electronics-based technologies. His strategic approach incorporates open source practices and trade secret policies alongside patents, and he advises clients on licensing, enforcement,

Leveraging his technical proficiency and prior software engineering career, Andrew (A.J.) Tibbetts provides business-oriented IP legal counseling for software, AI and electronics-based technologies. His strategic approach incorporates open source practices and trade secret policies alongside patents, and he advises clients on licensing, enforcement, diligence, and defense against infringement accusations. A.J.’s patents have directly led to clients closing funding rounds, and software patents A.J. wrote for clients have survived PTAB invalidity challenges and been enforced against competitors. He co-authored influential amicus briefs cited favorably by the U.S. Supreme Court and Federal Circuit Court of Appeals relating to patentability of software.

A.J. counsels traditional software and electronics companies, including artificial intelligence and machine learning (AI/ML) across a variety of domains, networking/telecom/CDN, fintech (including market data and infrastructure), blockchain and distributed ledger tech, speech recognition, natural language processing, and more. As “software eats the world,” a growing number of companies look to A.J. for advice protecting new investments in software and data science, including life sciences, biopharma, medtech, medical devices, radiology, digital health, health care IT, and healthtech companies. A.J. advises a broad clientele, from multinational corporations to small enterprises, serves on the boards of MassMEDIC and HealthTech Build, as well as on a digital health advisory panel for MassBio.

Prior to his legal career, A.J. worked as a programmer for IBM/Lotus, contributing to the development of Lotus Notes. He also served for several years as the lead developer for a sales analytics tool, overseeing its end-to-end implementation, including planning, coding, documentation, testing, and roll-out.