On October 30, 2023, president Biden issued an executive order on a topic that seems to scare a lot of people – Artificial intelligence. Like most executive orders, there’s a lot of fluff in this one – aspirations about doing good and not doing evil, but the EO touches on some — but not all — of the concerns that people might have about our future robotic overlords. For the most part, the EO lacks the effect of law, does not mandate much of anything and overlooks some of the more difficult issues involving AI — including many of the legal issues associated with bias, prejudice, hallucinations, derivative works, copyright infringement, ownership of AI-generated intellectual property and liability when AI-created materials fail. And that’s just scratching the surface.
For companies developing or using AI-based products or services, the EO and the related AI “Bill of Rights” set out a framework for identifying and resolving issues that scare people about the nascent technology. In particular, they address issues related to transparency, bias, privacy, security, notice and technical and other standards for the use or deployment of AI-based technologies. In essence, companies and government agencies using AI will be required to provide certain assurances and meet certain yet-to-be-developed standards—particularly if the AI is to be deployed in the medical or national security fields.
The EO attempts to address five issues broadly related to the application of artificial intelligence in society. These are: Safety and security, privacy, civil rights and AI bias, job security “respon ..
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