by Sanar Shareef Ali
The Biden administration recently acknowledged the significant impact of AI on a number of aspects of society through an executive order. This indicates the need to enact certain laws and take decisive steps in order to harness the potential of artificial intelligence while preserving human rights.[1] The decree sparked a lot of controversy and interest, as it highlighted the advantages and disadvantages of technology. It clearly has both beneficial and challenging aspects, although it may be too early to fully assess the impact and implications.[2] In this discussion, we will discuss some of these aspects, in addition to the opportunities for the initiative to achieve its stated goals.[3] We'll also go over the key takeaways from the executive order and how they will impact the AI community.[4]
There are many significant points in the order, such as public safety and national security, which are two points of great importance in the order, according to which the creators of AI systems that pose a risk to the economy, national security, public health, or safety, are required to share safety testing results with the U.S. government. This shows the administration’s dedication to defend national interest and public safety at a time when AI has the potential to have far-reaching effects. The importance of taking responsible control of the rapidly developing field of AI is underscored by the order, and the government by this proactive move showed its determination to control the effects of AI to make sure the society benefits while reducing potential threats as the technology keeps advancing without complete regulation.[5]
On the other hand, the order touched upon the reaction from trade associations and the industry, which demonstrates the careful balancing act between industry collaboration and regulation in the development of AI. Some others, like Bradley Tusk, believe that the order has a good starting, but they are not comfortable about sharing data with the government. This conflict draws attention to how difficult it is to strike a balance between industry innovation and governmental control.[6]
Another important point is the concerns of intellectual property and content authenticity, the need for authenticity and openness in official government communications emphasized by the directive. And it assesses AI systems for possible infringements on intellectual property (IP) rights, tackling continuing legal disputes about copyrighted materials utilized in AI training.[7]
International AI Law
The group of seven countries' announcement of an impending code of conduct agreement for AI was an indication of the importance of regulating AI universally. It implies that global collaboration on AI governance is accelerating, recognizing the transnational nature of AI and the need for unified strategies.[8]
The Importance of International Comparisons and U.S. Legislation
The possibility that American AI legislation is lagging behind that of Europe emphasizes the significance of passing regulations that guard against risks and safeguard advancements in AI technology. This emphasizes how the regulatory environment for AI needs to take into account both worldwide comparisons and U.S. legislation.[9]
Criticisms
Despite its positive aspects, the order faces criticisms, especially with regard to the enforcement, which is argued that it has no effective or strong enforcement mechanism. Bradley Tusk is among the critics who doubt the order's efficacy because of possible adherence issues. This underscores how the goals of the order might not be fully achieved without clear procedures to guarantee that businesses adhere to the safety testing and sharing obligations.
Other Concerns about extending federal government authority shown by organizations like NetChoice, a national trade association that advocates for tech platforms, which have criticized the executive order, calling it a "AI Red Tape Wishlist." These detractors contend that by extending federal government authority, the directive may hinder innovation and new businesses. The worry here is that the AI sector may be burdened with regulations, which could hinder its expansion.
In addition, the source of regulating AI brought another debate between two opposite views. Although the executive order is a first step toward AI regulation, some contend that complete legislative action is also necessary in the United States, in addition to administrative decrees. This brings to light the continuous discussion over whether executive actions or legislation passed by Congress should govern regulations. A more robust foundation for AI governance may come from comprehensive legislation.[10]
Concerns about Data Privacy and Discrimination
The worries expressed by US officials about AI's capacity to worsen discrimination and abuses of civil rights. The order highlights the urgent problems with data privacy and prejudice in AI by focusing on guidelines to stop AI algorithms from being exploited for discriminatory reasons. To fully address these concerns, critics contend that the order should contain stricter enforcement measures.[11]
In summary
The AI executive order signed by President Biden represents a significant step toward AI regulation to guarantee public safety, national security, authenticity, and transparency. It recognizes that AI is a global phenomenon and that international collaboration is crucial. Critics of the order point to possible regulatory burdens, enforcement methods, and the necessity of comprehensive legislative action. Finding the ideal balance between innovation and regulation is still a difficult task as artificial intelligence continues to change our society. This executive order attempts to address that difficulty. The order was not clear as to how to take actions and set plans for advancing AI, and how to keep up with competitors in the dramatically evolving landscape.
To conclude, the decision represents a critical turning point in American policy toward the regulation of AI, but as it also emphasizes that there are many difficulties and complexities in managing this quickly developing technology.
[1] Cecilia Kang and David E. Sanger, "Biden Issues Executive Order to Create A.I. Safeguards," The New York Times, October 30, 2023.
[2] Lauren Leffer, "Biden’s Executive Order on AI Is a Good Start, Experts Say, but Not Enough," Scientific American, October 31, 2023.
[3] "Biden executive order imposes new rules for AI. Here's what they are," ABC News, October 30, 2023.
[4] Jeff Mason, Trevor Hunnicutt, and Alexandra Alper, "Biden administration aims to cut AI risks with executive order," Reuters, October 31, 2023.
[5] see Footnote 1
[6] see Footnote 3
[7] see Footnote 4
[8] see Footnote 1
[9] see Footnote 2
[10] see Footnote 3
[11] Ibid.
