President Biden’s Executive Order on AI Sparks Doubt and Raises Legal Questions
President Biden’s recently-issued executive order on artificial intelligence has stirred doubt and raised legal questions regarding its authority and effectiveness. While some may be drawn to the promises made in the accompanying Fact Sheet, it is important to analyze the order’s practical implications.
One major concern lies in the fact that the White House lacks the necessary statutory authority to regulate anything related to AI. The executive order attempts to circumvent this by instructing various executive agencies, such as Homeland Security and Defense, to craft new regulations. However, even these agencies lack the legal authority to regulate AI. It would require a lengthy bill passed by Congress to grant them such power, which is unlikely to occur in the foreseeable future due to the lack of consensus on the matter.
Even if these agencies were to create AI rules, their legal standing would be shaky at best. Without clear statutory authority from Congress, it is highly unlikely that such regulations would withstand judicial scrutiny. Government lawyers would find it embarrassing to argue a defense based solely on encouragement in front of a federal judge.
Moreover, the executive order appears to be tailored towards large corporations utilizing specific types of AI. The language used, such as red-teaming and work-sharing agreements, may not apply to all instances of artificial intelligence. This lack of specificity adds further confusion for businesses attempting to interpret the order’s impact on AI development and implementation.
At its core, the order aims to control the development of novel technologies through regulation. However, history has shown that central government design of new technologies often leads to inefficiency and obsolescence. Pioneering AI companies are unlikely to subject themselves to such control, especially when other jurisdictions offer more innovative and less regulated environments.
Artificial intelligence transcends national boundaries, and restrictions imposed by one country are unlikely to impede its development. Nations around the world are investing in AI, and if the United States attempts to limit its growth through regulation, innovation will inevitably flourish elsewhere. Intelligent software, not government regulation, will shape the future of AI.
In conclusion, President Biden’s executive order on AI has raised legitimate doubts and legal questions. The lack of statutory authority and the impracticality of implementing regulations suggest that the order’s impact may be limited. The future of AI lies in the hands of innovative companies, unrestricted by government control. As technology evolves, it is crucial to approach AI development with a more balanced and forward-thinking perspective.
Note: This article is based on the insights provided in an opinion piece, and no promotional language or additional messages are included.
