The order establishes stringent standards for AI safety and security, safeguards Americans’ privacy, promotes equity and civil rights, protects consumers and workers, fosters innovation and competition, and enhances American leadership on the global stage.

Key actions outlined in the order:

1. New standards for AI safety and security: The order mandates that developers of powerful AI systems share safety test results and critical information with the U.S. government. Rigorous standards, tools, and tests will be developed to ensure AI systems are safe, secure, and trustworthy before public release. Additionally, measures will be taken to protect against the risks of using AI to engineer dangerous biological materials and combat AI-enabled fraud and deception.
2. Protecting citizens’ privacy: The President calls on Congress to pass bipartisan data privacy legislation, prioritizing federal support for privacy-preserving techniques, especially those using AI. Guidelines will be developed for federal agencies to evaluate the effectiveness of privacy-preserving techniques, including those used in AI systems.
3. Advancing equity and civil rights: Clear guidance will be provided to prevent AI algorithms from exacerbating discrimination, especially in areas like housing and federal benefit programs. Best practices will be established for the use of AI in the criminal justice system to ensure fairness.
4. Standing up for consumers, patients, and students: Responsible use of AI in healthcare and education will be promoted, ensuring that consumers are protected from harmful AI applications while benefiting from its advancements in these sectors.
5. Supporting workers: Principles and best practices will be developed to mitigate the harms and maximise the benefits of AI for workers, addressing issues such as job displacement, workplace equity, and health and safety. A report on AI’s potential labour-market impacts will be produced, identifying options for strengthening federal support for workers facing labour disruptions due to AI.
6. Promoting innovation and competition: The order aims to catalyse AI research across the US, promote a fair and competitive AI ecosystem, and expand the ability of highly skilled immigrants and non-immigrants to study, stay, and work in the US to foster innovation in the field.
7. Advancing leadership abroad: The US will collaborate with other nations to establish international frameworks for safe and trustworthy AI deployment. Efforts will be made to accelerate the development and implementation of vital AI standards with international partners and promote the responsible development and deployment of AI abroad to address global challenges.
8. Ensuring responsible and effective government adoption: Clear standards and guidelines will be issued for government agencies’ use of AI to protect rights and safety. Efforts will be made to help agencies acquire AI products and services more rapidly and efficiently, and an AI talent surge will be initiated to enhance government capacity in AI-related fields.

The executive order signifies a major step forward in the US towards harnessing the potential of AI while safeguarding individuals’ rights and security.

“As we advance this agenda at home, the Administration will work with allies and partners abroad on a strong international framework to govern the development and use of AI,” wrote the White House in a statement.

“The actions that President Biden directed today are vital steps forward in the US’ approach on safe, secure, and trustworthy AI. More action will be required, and the Administration will continue to work with Congress to pursue bipartisan legislation to help America lead the way in responsible innovation.”

The administration’s commitment to responsible innovation is paramount and sets the stage for continued collaboration with international partners to shape the future of AI globally.

(Photo by David Everett Strickler on Unsplash)

See also: UK paper highlights AI risks ahead of global Safety Summit

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The report, titled ‘The State of AI in Software Development,’ presents insights from over 1,000 global senior technology executives, developers, and security and operations professionals.

The report reveals a complex relationship between enthusiasm for AI adoption and concerns about data privacy, intellectual property, and security.

“Enterprises are seeking out platforms that allow them to harness the power of AI while addressing potential privacy and security risks,” said Alexander Johnston, Research Analyst in the Data, AI & Analytics Channel at 451 Research, a part of S&P Global Market Intelligence.

While 83 percent of the survey’s respondents view AI implementation as essential to stay competitive, a significant 79 percent expressed worries about AI tools accessing sensitive information and intellectual property.

Impact on developer productivity

AI is perceived as a boon for developer productivity, with 51 percent of all respondents citing it as a key benefit of AI implementation. However, security professionals are apprehensive that AI-generated code might lead to an increase in security vulnerabilities, potentially creating more work for them.

Only seven percent of developers’ time is currently spent identifying and mitigating security vulnerabilities, compared to 11 percent allocated to testing code. This raises questions about the widening gap between developers and security professionals in the AI era.

Privacy and intellectual property concerns

The survey underscores the paramount importance of data privacy and intellectual property protection when selecting AI tools. 95 percent of senior technology executives prioritise these aspects when choosing AI solutions.

Moreover, 32 percent of respondents admitted to being “very” or “extremely” concerned about introducing AI into the software development lifecycle. Within this group, 39 percent cited worries about AI-generated code introducing security vulnerabilities, and 48 percent expressed concerns that AI-generated code may not receive the same copyright protection as code produced by humans.

AI skills gap

Despite optimism about AI’s potential, the report identifies a disconnect between organisations’ provision of AI training resources and practitioners’ satisfaction with them. 

While 75 percent of respondents stated that their organisations offer training and resources for using AI, an equivalent proportion expressed the need to seek resources independently—suggesting that the available training may be insufficient.

A striking 81 percent of respondents said they require more training to effectively utilise AI in their daily work. Furthermore, 65 percent of those planning to use AI for software development indicated that their organsations plan to hire new talent to manage AI implementation.

David DeSanto, Chief Product Officer at GitLab, said:

“According to the GitLab Global DevSecOps Report, only 25 percent of developers’ time is spent on code generation, but the data shows AI can boost productivity and collaboration in nearly 60 percent of developers’ day-to-day work.

To realise AI’s full potential, it needs to be embedded across the software development lifecycle, allowing everyone involved in delivering secure software – not just developers – to benefit from the efficiency boost.” 

While AI holds immense promise for the software development industry, GitLab’s report makes it clear that addressing cybersecurity and privacy concerns, bridging the skills gap, and fostering collaboration between developers and security professionals are pivotal to successful AI adoption.

(Photo by Luca Bravo on Unsplash)

See also: UK government outlines AI Safety Summit plans

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Porcha Woodruff, an African American woman who was eight months pregnant at the time, is the sixth individual to come forward and report being falsely accused of a crime because of the controversial technology utilised by law enforcement.

Woodruff was accused of robbery and carjacking.

“Are you kidding?” Woodruff claims to have said to the officers, gesturing to her stomach to highlight how nonsensical the allegation was while being eight months pregnant.

The pattern of wrongful arrests based on faulty facial recognition has raised serious concerns, particularly as all six victims known by the American Civil Liberties Union (ACLU) have been African Americans. However, Woodruff’s case is notable as she is the first woman to report such an incident happening to her.

This latest incident marks the third known allegation of a wrongful arrest in the past three years attributed to the Detroit Police Department specifically and its reliance on inaccurate facial recognition matches.

Robert Williams, represented by the ACLU of Michigan and the University of Michigan Law School’s Civil Rights Litigation Initiative (CRLI), has an ongoing lawsuit against the DPD for his wrongful arrest in January 2020 due to the same technology.

Phil Mayor, Senior Staff Attorney at ACLU of Michigan, commented: “It’s deeply concerning that the Detroit Police Department knows the devastating consequences of using flawed facial recognition technology as the basis for someone’s arrest and continues to rely on it anyway.

“As Ms Woodruff’s horrifying experience illustrates, the Department’s use of this technology must end.”

The use of facial recognition technology in law enforcement has been a contentious issue, with concerns raised about its accuracy, racial bias, and potential violations of privacy and civil liberties.

Studies have shown that these systems are more prone to errors when identifying individuals with darker skin tones, leading to a disproportionate impact on marginalised communities.

Critics argue that relying on facial recognition as the sole basis for an arrest poses significant risks and can lead to severe consequences for innocent individuals, as seen in the case of Woodruff.

Calls for transparency and accountability have escalated, with civil rights organisations urging the Detroit Police Department to halt its use of facial recognition until the technology is thoroughly vetted and proven to be unbiased and accurate.

“The DPD continues to hide its abuses of this technology, forcing people whose rights have been violated to expose its wrongdoing case by case,” added Mayor.

“DPD should not be permitted to avoid transparency and hide its own misconduct from public view at the same time it continues to subject Detroiters to dragnet surveillance.” 

As the case unfolds, the public remains watchful of how the Detroit Police Department will respond to the mounting pressure to address concerns about the misuse of facial recognition technology and its impact on the rights and lives of innocent individuals.

(Image Credit: Oleg Gamulinskii from Pixabay)

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The act aims to regulate AI based on its potential to cause harm and follows a risk-based approach, prohibiting applications that pose an unacceptable risk while imposing strict regulations for high-risk use cases.

The timing of AI regulation has been a subject of debate, but Dragoș Tudorache, one of the European Parliament’s co-rapporteurs on the AI Act, emphasised that it is the right time to regulate AI due to its profound impact.

Dr Ventsislav Ivanov, AI Expert and Lecturer at Oxford Business College, said: “Regulating artificial intelligence is one of the most important political challenges of our time, and the EU should be congratulated for attempting to tame the risks associated with technologies that are already revolutionising our daily lives.

“As the chaos and controversy accompanying this vote show, this will be not an easy feat. Taking on the global tech companies and other interested parties will be akin to Hercules battling the seven-headed hydra.”

The adoption of the AI Act faced uncertainty as a political deal crumbled, leading to amendments from various political groups.

One of the main points of contention was the use of Remote Biometric Identification, with liberal and progressive lawmakers seeking to ban its real-time use except for ex-post investigations of serious crimes. The centre-right European People’s Party attempted to introduce exceptions for exceptional circumstances like terrorist attacks or missing persons, but their efforts were unsuccessful.

A tiered approach for AI models will be introduced with the act, including stricter regulations for foundation models and generative AI.

The European Parliament intends to introduce mandatory labelling for AI-generated content and mandate the disclosure of training data covered by copyright. This move comes as generative AI, exemplified by ChatGPT, gained widespread attention—prompting the European Commission to launch outreach initiatives to foster international alignment on AI rules.

MEPs made several significant changes to the AI Act, including expanding the list of prohibited practices to include subliminal techniques, biometric categorisation, predictive policing, internet-scraped facial recognition databases, and emotion recognition software.

An extra layer was introduced for high-risk AI applications and extended the list of high-risk areas and use cases in law enforcement, migration control, and recommender systems of prominent social media platforms.

Robin Röhm, CEO of Apheris, commented: “The passing of the plenary vote on the EU’s AI Act marks a significant milestone in AI regulation, but raises more questions than it answers. It will make it more difficult for start-ups to compete and means that investors are less likely to deploy capital into companies operating in the EU.

“It is critical that we allow for capital to flow to businesses, given the cost of building AI technology, but the risk-based approach to regulation proposed by the EU is likely to lead to a lot of extra burden for the European ecosystem and will make investing less attractive.”

With the European Parliament’s adoption of its position on the AI Act, interinstitutional negotiations will commence with the EU Council of Ministers and the European Commission. The negotiations – known as trilogues – will address key points of contention such as high-risk categories, fundamental rights, and foundation models.

Spain, which assumes the rotating presidency of the Council in July, has made finalising the AI law its top digital priority. The aim is to reach a deal by November, with multiple trilogues planned as a backup.

The negotiations are expected to intensify in the coming months as the EU seeks to establish comprehensive regulations for AI, balancing innovation and governance while ensuring the protection of fundamental rights.

“The key to good regulation is ensuring that safety concerns are addressed while not stifling innovation. It remains to be seen whether the EU can achieve this,” concludes Röhm.

(Image Credit: European Union 2023 / Mathieu Cugnot)

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This marks a major step in the development of AI regulation in Europe, as these are the first-ever rules for AI. The rules aim to ensure that AI systems are safe, transparent, traceable, and non-discriminatory.

After the vote, co-rapporteur Brando Benifei (S&D, Italy) said:

“We are on the verge of putting in place landmark legislation that must resist the challenge of time. It is crucial to build citizens’ trust in the development of AI, to set the European way for dealing with the extraordinary changes that are already happening, as well as to steer the political debate on AI at the global level.

We are confident our text balances the protection of fundamental rights with the need to provide legal certainty to businesses and stimulate innovation in Europe.”

Co-rapporteur Dragos Tudorache (Renew, Romania) added:

“Given the profound transformative impact AI will have on our societies and economies, the AI Act is very likely the most important piece of legislation in this mandate. It’s the first piece of legislation of this kind worldwide, which means that the EU can lead the way in making AI human-centric, trustworthy, and safe.

We have worked to support AI innovation in Europe and to give start-ups, SMEs and industry space to grow and innovate while protecting fundamental rights, strengthening democratic oversight, and ensuring a mature system of AI governance and enforcement.”

The rules are based on a risk-based approach and they establish obligations for providers and users depending on the level of risk that the AI system can generate. AI systems with an unacceptable level of risk to people’s safety would be strictly prohibited, including systems that deploy subliminal or purposefully manipulative techniques, exploit people’s vulnerabilities, or are used for social scoring.

MEPs also substantially amended the list of prohibited AI practices to include bans on intrusive and discriminatory uses of AI systems, such as real-time remote biometric identification systems in publicly accessible spaces, post-remote biometric identification systems (except for law enforcement purposes), biometric categorisation systems using sensitive characteristics, predictive policing systems, emotion recognition systems in law enforcement, border management, workplace, and educational institutions, and indiscriminate scraping of biometric data from social media or CCTV footage to create facial recognition databases.

MEPs also expanded the classification of high-risk areas to include harm to people’s health, safety, fundamental rights, or the environment. They also added AI systems that influence voters in political campaigns and recommender systems used by social media platforms to the high-risk list.

To boost AI innovation, MEPs added exemptions to these rules for research activities and AI components provided under open-source licenses. The new law also promotes regulatory sandboxes – or controlled environments established by public authorities – to test AI before its deployment.

MEPs want to boost citizens’ right to file complaints about AI systems and receive explanations of decisions based on high-risk AI systems that significantly impact their rights. MEPs also reformed the role of the EU AI Office, which would be tasked with monitoring how the AI rulebook is implemented.

Tim Wright, Tech and AI Regulatory Partner at London-based law firm Fladgate, commented:

“US-based AI developers will likely steal a march on their European competitors given the news that the EU parliamentary committees have green-lit its groundbreaking AI Act, where AI systems will need to be categorised according to their potential for harm from the outset. 

The US tech approach is typically to experiment first and, once market and product fit is established, to retrofit to other markets and their regulatory framework. This approach fosters innovation whereas EU-based AI developers will need to take note of the new rules and develop systems and processes which may take the edge off their ability to innovate.

The UK is adopting a similar approach to the US, although the proximity of the EU market means that UK-based developers are more likely to fall into step with the EU ruleset from the outset. However, the potential to experiment in a safe space – a regulatory sandbox – may prove very attractive.”

Before negotiations with the Council on the final form of the law can begin, this draft negotiating mandate needs to be endorsed by the whole Parliament, with the vote expected during the 12-15 June session.

(Photo by Denis Sebastian Tamas on Unsplash)

Related: UK details ‘pro-innovation’ approach to AI regulation

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Speaking at a virtual press event, Khan was joined by top officials from US consumer protection and civil rights agencies.

Together, the officials emphasised that regulators are committed to tracking and stopping any illegal behaviour associated with biased or deceptive AI tools.

Khan warned that, in addition to the well-publicised deployment of automated tools that introduce bias into decisions about housing, loans, hiring, and productivity monitoring, the rapid evolution of advanced AI tools designed to generate human-like content also presents a significant risk.

Khan also expressed concern about AI tools that scammers could use to “manipulate and deceive people on a large scale, deploying fake or convincing content more widely and targeting specific groups with greater precision.”

She also warned that a small number of powerful firms already control the raw materials, data, cloud services, and computing power required to develop and deploy AI products. Khan raised the possibility that the FTC could wield its antitrust authority to protect competition.

“In moments of technological disruption, established players and incumbents may be tempted to crush, absorb or otherwise unlawfully restrain new entrants in order to maintain their dominance,” said Khan.

Khan did not specifically name any companies or products, but her comments will likely increase pressure on major tech firms like Google and Microsoft that are currently engaged in a race to sell more advanced AI tools.

The warnings from top US regulators come at a time when EU lawmakers are negotiating new rules designed to regulate AI, with some in the US calling for similar legislation.

The regulators said that many of the most harmful AI products might already contravene existing laws protecting civil rights and preventing fraud.

For her part, Khan reiterated that “there is no AI exemption to the laws on the books.”

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The Guarantor for the Protection of Personal Data (GPDP) announced last month that it was blocking access to OpenAI’s ChatGPT. The move was part of an ongoing investigation into whether the chatbot violated Italy’s data privacy laws and the EU’s infamous General Data Protection Regulation (GDPR).

The GPDP was concerned that ChatGPT could recall and emit personal information, such as phone numbers and addresses, from input queries. Additionally, officials were worried that the chatbot could expose minors to inappropriate answers that could potentially be harmful.

The GPDP says it will lift the ban on ChatGPT if its creator, OpenAI, enforces rules protecting minors and users’ personal data by 30th April 2023.

OpenAI has been asked to notify people on its website how ChatGPT stores and processes their data and require users to confirm that they are 18 and older before using the software.

An age verification process will be required when registering new users and children below the age of 13 must be prevented from accessing the software. People aged 13-18 must obtain consent from their parents to use ChatGPT.

The company must also ask for explicit consent to use people’s data to train its AI models and allow anyone – whether they’re a user or not – to request any false personal information generated by ChatGPT to be corrected or deleted altogether.

All of these changes must be implemented by September 30th or the ban will be reinstated.

This move is part of a larger trend of increased scrutiny of AI technologies by regulators around the world. ChatGPT is not the only AI system that has faced regulatory challenges.

Regulators in Canada and France have also launched investigations into whether ChatGPT violates data privacy laws after receiving official complaints. Meanwhile, Spain has urged the EU’s privacy watchdog to launch a deeper investigation into ChatGPT.

The international scrutiny of ChatGPT and similar AI systems highlights the need for developers to be proactive in addressing privacy concerns and implementing safeguards to protect users’ personal data.

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On Monday, the country’s Data Protection Authority (Garante per la protezione dei dati personali) issued official stays to two municipalities – the southern Italian city of Lecce and the Tuscan city of Arezzo – over their experiments with biometrics technologies.

The agency banned facial recognition systems using biometric data until a specific law governing its use is adopted.

“The moratorium arises from the need to regulate eligibility requirements, conditions and guarantees relating to facial recognition, in compliance with the principle of proportionality,” the agency said in a statement.

However, an exception was added for biometric data technology that is being used “to fight crime” or in a judicial investigation.

In Lecce, the municipality’s authorities said they would begin using facial recognition technologies. Italy’s Data Protection Agency ordered Lecce’s authorities to explain what systems will be used, their purpose, and the legal basis.

As for the Arezzo case, the city’s police were to be equipped with infrared smart glasses that could recognise car license plates.

Facial recognition technology is a central concern in the EU’s proposed AI regulation. The proposal has been released but will need to pass consultations within the EU before it’s adopted into law.

(Photo by Mikita Yo on Unsplash)

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The controversial facial recognition provider has scraped billions of images of people across the web for its system. Understandably, it caught the attention of regulators and rights groups from around the world.

In November 2021, the UK’s Information Commissioner’s Office (ICO) imposed a potential fine of just over £17 million on Clearview AI. Today’s announcement suggests Clearview AI got off relatively lightly.

John Edwards, UK Information Commissioner, said:

“Clearview AI Inc has collected multiple images of people all over the world, including in the UK, from a variety of websites and social media platforms, creating a database with more than 20 billion images.

The company not only enables identification of those people, but effectively monitors their behaviour and offers it as a commercial service. That is unacceptable.

That is why we have acted to protect people in the UK by both fining the company and issuing an enforcement notice.”

The enforcement notice requires Clearview AI to delete all facial recognition data.

UK-Australia joint investigation

A joint investigation by the UK’s ICO and the Office of the Australian Information Commissioner (OAIC) was first launched in July 2020.

Angelene Falk, Australian Information Commissioner and Privacy Commissioner, commented:

“The joint investigation with the ICO has been highly valuable and demonstrates the benefits of data protection regulators collaborating to support effective and proactive regulation. 

The issues raised by Clearview AI’s business practices presented novel concerns in a number of jurisdictions. By partnering together, the OAIC and ICO have been able to contribute to an international position, and shape our global regulatory environment.”

Falk concluded that uploading an image to a social media site “does not unambiguously indicate agreement to collection of that image by an unknown third party for commercial purposes”.

The OAIC ordered Clearview AI to destroy the biometric data it collected of Australians.

“People expect that their personal information will be respected, regardless of where in the world their data is being used. That is why global companies need international enforcement. Working with colleagues around the world helped us take this action and protect people from such intrusive activity,” added Edwards.

“This international cooperation is essential to protect people’s privacy rights in 2022. That means working with regulators in other countries, as we did in this case with our Australian colleagues. And it means working with regulators in Europe, which is why I am meeting them in Brussels this week so we can collaborate to tackle global privacy harms.”

(Photo by quan le on Unsplash)

Related: Clearview AI agrees to restrict sales of its faceprint database

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The system, first reported by Protocol, claims to scan users’ faces and their speech to determine their emotions.

Zoom detailed the system more in a blog post last month. The company says ‘Zoom IQ’ will be particularly useful for helping salespeople improve their pitches based on the emotions of call participants.

Naturally, the system is seen as rather dystopian and has received its fair share of criticism.

On Wednesday, over 25 rights groups sent a joint letter to Zoom CEO Eric Yuan. The letter urges Zoom to cease research on emotion-based AI.

The letter’s signatories include the American Civil Liberties Union (ACLU), Muslim Justice League, and Access Now.

One of the key concerns is that emotion-detecting AI could be used for things like hiring or financial decisions; such as whether to grant loans. That has the possibility to increase existing inequalities.

“Results are not intended to be used for employment decisions or other comparable decisions. All recommended ranges for metrics are based on publicly available research,” Zoom explained.

Zoom IQ tracks metrics including:

• Talk-listen ratio
• Talking speed
• Filler words
• Longest spiel (monologue)
• Patience
• Engaging questions
• Next steps set up
• Sentiment/Engagement analysis

Esha Bhandari, Deputy Director of the ACLU Speech, Privacy, and Technology Project, called emotion-detecting AI “creepy” and “a junk science”.

(Photo by iyus sugiharto on Unsplash)

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