Biden administration’s “sweeping actions” ignore the IP elephant in the room.
We all knew it was coming, but it’s still surprising to see the audacity in the Biden administration’s response to recent rapid developments in artificial intelligence (AI). With the issuing of his 125th Executive Order, Joe Biden is directing what the White House calls “the most sweeping actions ever taken to protect Americans from the potential risks of AI systems.”
The order includes eight initiatives:
- New Standards for AI Safety and Security
- Protections for Americans’ Privacy
- Advancements for Equity and Civil Rights
- Protections for Consumers, Patients and Students
- Supporting Workers
- Promoting Innovation and Competition
- Advancing US Leadership in AI Abroad
- Ensuring Responsible and Effective Government Use of AI
These actions touch on organizations and agencies across the country. The National Institute of Standards and Technology (NIST) is being tasked to “set rigorous standards for extensive red-team testing to ensure [model] safety before public release.” The Department of Homeland Security will “apply those standards to critical infrastructure sectors and establish the AI Safety and Security Board.”
The Executive Order also calls on The US Departments of Energy, Commerce and Justice, as well as The National Security Council, The National Science Foundation, The Federal Trade Commission and, of course, Congress.
Exactly how the initiatives outlined above will be implemented remains to be seen, but what is clear from the announcement is that there’s much more concern than optimism when it comes to AI. Of the eight initiatives listed, only the sixth and seventh focus on advancing the technology itself. The other 75 percent of the Executive Order is all about establishing standards and mitigating risks, whether that’s “using AI to engineer dangerous biological materials” or “guidance to landlords, Federal benefits programs, and federal contractors to keep AI algorithms from being used to exacerbate discrimination.”
Despite it’s broad nature, the announcement makes no mention of one issue that’s likely at the forefront of many engineers’ minds: intellectual property. Generative AI has well-known issues with copyright infringement, with multiple cases testing the uncharted legal waters these new AI tools swim in even now. As GenAI becomes more of a staple in the engineering toolbox, one might wonder what the future of patent ownership looks like. It’s an important question for both designers and manufacturers, but unfortunately the Biden administration hasn’t chosen to weigh in on it, at least not yet.
