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In response to the growing issue of cybersecurity threats, President Joseph R. Biden has issued an executive order (EO) aimed at enhancing the United States’ ability to assess and mitigate the risks associated with artificial intelligence (AI) systems. This is solely to ensure its safety, security, and reliability, all while fostering an innovative and competitive AI ecosystem that supports the workforce and safeguards consumers.
The U.S. Department of Commerce will take a central role in executing this order, blending the assessment capabilities with a comprehensive framework of reporting obligations and voluntary actions. Specifically, critical responsibilities for implementing the order will rest with entities such as the National Institute of Standards and Technology (NIST), the Bureau of Industry and Security (BIS), the National Telecommunications and Information Administration (NTIA), and the U.S. Patent and Trademark Office (USPTO).
To ensure the safe and responsible development of AI, experts at the National Institute of Standards and Technology (NIST) will build several initiatives. First, they will focus on crafting industry standards that address the secure and responsible development of cutting-edge AI models. This involves the creation of testing environments to assess these AI systems and the establishment of standards pertaining to privacy and the verification of AI-generated content. Second, the NIST’s technical expertise will also be instrumental in shaping a robust framework for AI safety within the government’s AI strategy.
The Bureau of Industry and Security (BIS) will invoke the Defence Production Act to implement measures that enhance safety during the development of next-generation AI models. These measures will include requirements for developers to report their testing procedures and security measures, building upon voluntary commitments related to AI safety, security, and trust. These actions aim to promote the responsible development and use of AI.
Alan Estevez, Under Secretary for Industry and Security, emphasised, “AI technology has the potential to be a potent tool for good, but it can also be potentially hazardous if developed and used without safety precautions or if it falls into the wrong hands. The Bureau of Industry and Security is ready to develop the regulations and procedures mandated by today’s executive order to enhance safety, protect our national security, and support our foreign policy interests, all while allowing technological progress and trade to flourish.”
Among its various responsibilities, the National Telecommunications and Information Administration (NTIA) will compile a report assessing the risks and benefits associated with the publication of model weights, which are pivotal components of AI models. While open-source AI systems foster innovation, they also carry risks if not adequately safeguarded.
Alan Davidson, Assistant Secretary of Commerce for Communications and Information and NTIA Administrator, stated, “At NTIA, we recognise the potential of open-source AI systems to drive innovation across the country, making AI tools accessible to startups, researchers, and individuals. However, they are also mindful of the risks they pose in terms of potential misuse and harm. As part of our work in response to the executive order, we will evaluate how to proceed with open-source AI systems in a manner that is both responsible and accountable.”
Additionally, Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office also stated that artificial intelligence holds immense potential for the nation in fostering inclusive and equitable innovation, as well as addressing global challenges at scale and speed.
Despite of that, agencies must proceed thoughtfully and cautiously to mitigate risks and ensure responsible AI adoption. The President’s executive order strikes a balance by incentivising innovation in crucial and emerging technologies, including through appropriate intellectual property protections for inventors and creators, all while advancing national security and AI safety.
