Along with numerous executive orders issued in the last week, President Trump rescinded President Biden’s October 2023 executive order on artificial intelligence [AI]. The Biden EO was designed to work on AI security standards for AI and was focused on consumer and worker protections.
Although it’s been 18 or so months since the Biden EO and consequently much of the work has been done internally at U.S. government agencies, the outcome of the Trump EO is to stop any future obligations on the part of AI developers, including sharing safety testing results with the government. Any EO that sought to enhance consumer and worker protections likely isn’t a high priority of the Trump Administration.
We’ve previously blogged about the Biden AI Bill of Rights and what it means and about EEOC guidance for employers using AI for hiring. It’s questionable whether the Trump Administration will embrace either.
While it’s possible that the Trump Administration will issue a follow up EO on AI in the coming weeks or months, it’s unclear what – if anything – they’ll do.
It’s also unclear what the Trump administration will issue in place of Biden’s order, which was criticized because it was thought to impede innovation in the development of AI tools.
Experts have posited that the patchwork of State laws around AI make it difficult for developers and users to ensure compliance. Some experts strongly urged a national approach to enhance certainty. This generally is what’s been done in the European Union, where a series of requirements were put into place, with a few hish-risk focus areas, such as biometrics.
The EU AI Act divides AI into categories of risk ranging from unacceptable to high, medium, and low hazard. AI systems considered high-risk, such as those used in biometrics and employment, have to comply with strict requirements.
For now, employers should remain mindful of the possible discriminatory effects of AI tools, especially related to hiring and worker assessment. We’ll be blogging soon on the use of AI in the workplace and how biometrics are coming into play as well.
If you have questions about these or other employment law issues – especially with the new Administration in Washington and the consequences of the change – contact us at 716.839.9700. We can help bring clarity to this often-confusing arena.
