This ambitious and far-ranging AI Executive Order (“EO”) establishes new standards for AI across four key areas: 1. safety and security, 2. privacy, equity and civil rights, 3. promotion of innovation and competition and 4. global leadership. The October 30, 2023 EO builds upon the White House Office of Science and Technology Policy fall 2022 Blueprint for an AI Bill of Rights.

While the White House, Congress and numerous federal agencies are tasked with developing standards, policies and incentives for the government and critical private sector providers, key responsibilities will fall within the purview of the Department of Commerce. The first is content authentication, i.e., clearly labeling AI-generated content and watermarking of USG content so that citizens can be assured that material they receive from their government is authentic. The second is accelerating the development of privacy-preserving techniques and technologies, including how agencies collect and use commercially available information containing personally identifiable data.

Other key issues summarized in the EO Fact Sheet include the risk that AI will engineer dangerous biological materials; cybersecurity for the U.S. military and intelligence community; AI-enabled educational tools; climate change; job displacement as a byproduct of AI and algorithmic discrimination in housing, criminal justice and healthcare. The EO promises advances in the global leadership role of the U.S. by expanding engagements to collaborate on AI. Each of these initiatives will require small developers, entrepreneurs and highly skilled individuals to play an active role in the success of the EO.