Yesterday the Biden administration issued "a landmark Executive Order to ensure that America leads the way in seizing the promise and managing the risks of artificial intelligence (AI)." As best I can tell, it includes basically one item of any importance: NIST will develop standards for red-team testing of AI software that affects "critical infrastructure, as well as chemical, biological, radiological, nuclear, and cybersecurity risks." This testing is mandatory:
Companies developing any foundation model that poses a serious risk to national security, national economic security, or national public health and safety must notify the federal government when training the model, and must share the results of all red-team safety tests. These measures will ensure AI systems are safe, secure, and trustworthy before companies make them public.
Here is my translation of the rest of the executive order:
Establish standards and best practices blah, blah, blah.
Establish an advanced cybersecurity program blah, blah, blah.
National Security Memorandum blah, blah, blah.
Prioritize federal support blah, blah, blah.
Strengthen blah, blah, blah.
Evaluate blah, blah, blah.
Provide clear guidance blah, blah, blah.
Address blah, blah, blah.
Ensure fairness blah, blah, blah.
Advance the responsible use blah, blah, blah.
Shape AI’s potential blah, blah, blah.
Develop principles and best practices blah, blah, blah.
Produce a report blah, blah, blah.
Catalyze AI research blah, blah, blah.
Promote a fair, open, and competitive blah, blah, blah.
Use existing authorities blah, blah, blah.
Expand bilateral, multilateral blah, blah, blah.
Accelerate development of vital AI standards blah, blah, blah.
Promote the safe, responsible blah, blah, blah.
Issue guidance blah, blah, blah.
Help agencies blah, blah, blah.
Accelerate blah, blah, blah.
Am I being a wee bit too cynical here? Maybe. But aside from the national security stuff, the entire EO strikes me as little more than a laundry list of aspirational wishes that will produce lots of bureaucratic report writing and recommendation making (guide, shape, develop, strengthen, evaluate, promote, advance, etc.) but not much more.
In fairness, EOs have limited authority outside the federal government itself, so the impact of the AI executive order has built-in restraints. And the blizzard of upcoming reports about AI, coming from every agency imaginable, could eventually turn into real rulemaking,¹ if only through bureaucratic inertia. Even here, though, these effects will be mostly about how to use AI, not regulate it.
Full disclosure: I haven't read the EO itself, only the fact sheet. But I've also read a bunch of commentary from experts who have read it. It's certainly possible I've missed something big, but overall the EO seems almost entirely focused on investigating and thinking about the use of AI. There's not much in the way of mandatory regulation for anyone to be very concerned about.²
¹"Eventually" because real rules take years of hearings, public comments, and industry input before they can take effect.
²Though perhaps plenty to be concerned about if you think the government should adopt strong AI rules. But that would take congressional action. No mere EO could accomplish very much along these lines.