Ensuring a National Policy Framework for Artificial Intelligence
1. Purpose
Executive Order 14365 aims to bolster U.S. dominance in Artificial Intelligence by creating a cohesive national policy framework that promotes innovation and addresses regulatory challenges posed by varying state laws.
2. Key Actions And Directives
- Establish National Standard for AI Regulations: Directs the implementation of a cohesive national standard to prevent a fragmented regulatory landscape that may impede innovation.
- Create AI Litigation Task Force: Assigns a task force to challenge inconsistent state AI laws that may violate national policy or interstate commerce.
- Publish Evaluation of State AI Laws: Mandates the Secretary of Commerce to complete an assessment of existing state laws affecting AI within 90 days, identifying conflicts.
- Enforce Funding Restrictions: Ineligibility for states with burdensome AI laws to receive non-deployment funds under the Broadband Equity Access and Deployment Program.
- Initiate FCC Proceeding on AI Standards: Instructs the FCC Chairman to evaluate and potentially adopt federal reporting standards for AI to supersede state laws.
- Legislative Recommendation for Uniform Federal Policy: Recommends legislative action to establish a consistent federal framework for AI, preempting conflicting state laws.
3. Important Points
- Preemption of Inconsistent State Laws: The order reinforces the need for a federal approach to AI, enabling uniformity and reducing regulatory disparity across states.
- Exceptions to Preemption: Certain state laws related to child safety, AI infrastructure, and specific procurement activities are exempt from federal preemption.
- No Legal Rights Granted: The Executive Order explicitly states that it does not create enforceable rights or benefits for individuals against the government.
- National Security and Dominance: The overarching aim is to maintain U.S. leadership in AI technologies while safeguarding national and economic security.
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