Artificial intelligence (AI) is the new frontier in technology, proving itself useful in numerous novel applications daily. But expansion of such a new and powerful technology comes with risks—something that regulators and private litigants have realized. In recent months, various states like New York and Colorado have enacted laws to curb bias in its implementation. The FTC recently announced an investigation into OpenAI, over fears of data sharing and resulting harm to consumers. Unions have begun protesting AI when employers use it as a means of employee supervision. Private lawsuits and government investigations have also begun to proliferate, with recent examples ranging from claims against a health care insurer who allegedly denied claims improperly by using AI, to a group of authors suing for copyright infringement.
Last week the FTC approved an omnibus resolution to investigate AI use in products and services. On Oct. 30, the White House weighed in on these issues through an executive order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI executive order). In the wide-ranging AI executive order, the White House provides a road map for its policy positions and administrative priorities with respect to the rapidly developing and expanding advent of artificial intelligence. The AI executive order covers a number of broad topics related to the development of AI, including setting standards for safety and security; protecting Americans’ privacy; advancing equity and civil rights; giving preference to certain groups, such as consumers, patients, students and workers; advancing American leadership on AI worldwide; and ensuring the government uses AI responsibly. In addition to these policy priorities, the AI executive order devotes an entire section to “promoting innovation and competition” in AI, noting that “irresponsible use” of AI could, among other harms, “stifle competition.”
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