Published in The Journal of Robotics, Artificial Intelligence & Law (May-June 2021)
Although President Biden has begun overturning the previous administration’s executive orders, many of those prior orders will survive. One such order appears to be Executive Order 13,960, “Promoting the Use of Trustworthy Artificial Intelligence [“AI”] in the Federal Government” (the “Order”). The purpose of the Order is to provide guidance to federal agencies to ensure they “design, develop, acquire, and use AI in a manner that fosters public trust and confidence while protecting privacy, civil rights, civil liberties and American values.” The Order is intended to push forward the AI priorities of Executive Order 13,859, which implemented principles and objectives for federal agencies to rely on to drive American advancements in AI, and the 2020 memo from the Office of Management and Budget (the “OMB Memo”), which set out policy considerations to guide regulatory and non-regulatory approaches to AI applications developed and deployed outside the federal government.
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