On October 30, 2023, an Executive Order was signed by President Biden on Safe, Secure, and Trustworthy Artificial Intelligence. With such an Order, called the “Order”, the President established standards for the safety and security of artificial intelligence (“AI”). This action is a testament to the ongoing efforts of the Biden administration to outline guidelines in the complex and rapidly evolving AI sphere.
The Order holds a significant influence on how technologies are designed, developed, used, and governed, greatly affecting both public and private AI initiatives. For legal professionals, understanding the implications of such a move must be a top priority, as compliance becomes key to effectively operating in a landscape now under stringent regulations.
The Order aims at fostering public confidence in AI applications, which is paramount for the broad adoption and success of AI-based systems. Additionally, it spells out the government’s commitment to strike a balance between encouraging innovation and ensuring compliance with norms rooted in individual liberties, privacy, and democratic values.
Namely, the “principles” guiding AI use that the Order spells out, seek to ensure transparency in AI decision making. This provision is of paramount importance for the legal profession, as more legal firms increasingly adopt AI tools to bolster their operations. Consideration of data rights, privacy concerns and algorithmic transparency will therefore be necessary factors to adhere to when adopting AI tools.
Notably, this is not a standalone act and builds on the already existing measures designed to regulate AI use. With an ever-increasing reliance on AI in various sectors, more such regulatory movements are expected from not just the U.S, but other global players too.
If you would like to know more about the Order and its implications, follow the upcoming Dechert Cyber Bits issues provided by Dechert LLP.