On October 30, 2023, President Biden signed a comprehensive executive order on the important subject of artificial intelligence. The executive order provides a vital framework for executive departments and agencies thinking about regulating or implementing artificial intelligence.
The administration acknowledged the many benefits of artificial intelligence and noted that irresponsible use of artificial intelligence could exacerbate societal harms such as fraud, discrimination and disinformation. Additionally, the executive order noted that artificial-intelligence risks include displacement and disempowerment of workers, the stifling of competition and national security threats.
The executive order posits that testing and evaluations, including post-deployment performance monitoring, will help ensure that artificial-intelligence systems function as intended, are resilient against misuse or dangerous modifications, are ethically developed and operated securely, and are compliant with applicable federal laws and policies. A notable example of the type of regulation encouraged by the administration is the plan to develop effective labeling and content provenance mechanisms so that Americans can determine when content is generated using artificial intelligence and when it is not.
The executive order acknowledges the potential for unlawful discrimination and abuse, including in the justice system and the federal government. The White House directs the attorney general to coordinate and support agencies in implementing and enforcing existing federal laws to address civil rights and civil liberties violations, and discrimination related to artificial intelligence. The administration directs the assistant attorney general in charge of the Civil Rights Division to convene a meeting of the heads of federal civil rights offices to discuss the comprehensive use of their respective authorities and offices to prevent and address discrimination in the use of automated systems. The meeting will specifically include a discussion on algorithmic discrimination.
The executive order expressly mentions potential discrimination against consumers in the housing and financial markets. The administration directs the Federal Housing Finance Agency and Consumer Financial Protection Bureau to evaluate home-loan underwriting models for prohibited bias or disparities among different populations. It also calls on the agencies to examine automated collateral-valuation and appraisal processes from a biased lens. Tenant-screening systems and real estate-related transactions on digital platforms were also highlighted in the executive order for further investigation by the administration.
Resources:
- FACT SHEET: President Biden Issues Executive Order on Safe, Secure and Trustworthy Artificial Intelligence
- Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence
- NIST AI Risk Management Framework
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