Client Alerts  - Technology Oct 30, 2023

President Biden Issues Executive Order Addressing Artificial Intelligence

Order to Establish Standards for AI Safety and Security

There was a significant development in the regulation of artificial intelligence (AI) in the United States today as President Biden issued a landmark Executive Order addressing AI-related matters that may impact your business operations. The White House also released an additional document titled, “FACT SHEET: President Biden Issues Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence,” which provides some detailed insights into the objectives of the Executive Order.

Notable details from the fact sheet include:

  • New Standards for AI Safety and Security
    • Developers will be required to share critical information with the U.S. government.
    • National Institute of Standards and Technology (NIST) will set standards for red-team testing.
    • Agencies will establish standards for biological synthesis screening.
    • Addressing fraud and deception through content authentication and watermarking to clearly identify AI-generated content.
    • Establishing advanced cybersecurity program.
  • Protecting Americans’ Privacy
    • Prioritizing federal support for privacy.
  • Advancing Equity and Civil Rights
    • Addressing potential discrimination through AI algorithms.
  • Protecting Consumers, Patients, and Students
    • Using AI to transform healthcare, life-saving drug affordability and education.
  • Supporting Workers
    • Developing standards to mitigate harm to the workforce and analyzing the potential impact of AI on the labor market.
  • Promoting Innovation and Competition
  • Advancing American Leadership Abroad
  • Ensuring Responsible and Effective Use of AI by the Government

Additional Assistance

Our AI practitioners are closely monitoring the impact of this Executive Order as it is a key part of the developing regulatory landscape for AI. We are available to review your organization’s current strategies, practices and policies in view of the current and proposed regulations to ensure compliance. Please contact Richard J. Marinaccio at (716) 504-5760,; Anna Mercado Clark at (212) 508-0466,; or the Phillips Lytle attorney with whom you have a relationship.

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