United States: President Trump Launches AI Strategy For Federal Government

On February 11, 2019, President Trump signed an "Executive Order on Maintaining American Leadership in Artificial Intelligence" (the "Order") and, in doing so, set out a high-level strategy to strengthen the leadership position that the United States has maintained in AI. Important for companies, the Order sets off a number of opportunities for the private sector to give comments back to the federal government on how it can make changes that strengthen private sector AI development.

In recent years, China has made efforts to outpace the United States in developing AI technology, and, while not mentioning China specifically, the Order implicitly acknowledges the increased competition that the United States has faced from China in this area. AI is critical to US economic and national security interests, and the Order hopes to increase AI development through such measures as prioritizing AI research and opening up federal data to non-federal researchers.

The actions required by the Order are aimed at federal agencies that conduct foundational AI R&D, develop and deploy applications of AI technologies, provide educational grants, and regulate and provide guidance for applications of AI technology and will be coordinated through the National Science and Technology Council. While the Order does not place any obligation on the private sector, a number of the federal government activities will have an impact on industry. These include:

  • Increasing Access to Data: The Order instructs all agencies to enhance private sector access to federal data, as well as to improve its quality and usability, for the benefit of the research community while protecting safety, security, privacy and confidentiality. The Order kicks off a number of steps that the federal government must take in order to achieve this, including publishing a Federal Register notice by which the public will be asked to "identify additional requests for access or quality improvements for federal data and models that would improve AI R&D and testing"; investigating the barriers to access or quality limitations of federal data; and updating implementation guidance for Enterprise Data Inventories and Source Code Inventories. In taking these steps, certain agencies must "identify barriers to, or requirements associated with, increased access to and use of such data and models," which include, among other things, privacy and civil liberty protections and the need for interoperable and machine-readable data formats. Making federal data more available to the private sector may also have implications for consumer privacy and is meaningful in the context of current legislative debates over comprehensive consumer privacy legislation. Additionally, the Order requires that the General Services Administration and other select agencies report back to the president on how to better enable the use of cloud computing resources needed to build AI systems.
  • Regulatory Review and Standards Development: Within six months, the Office of Management and Budget ("OMB"), along with the participation of other relevant agencies, must issue a memorandum that instructs agencies on the "development of regulatory and non-regulatory approaches...regarding technologies and industrial sectors that are either empowered or enabled by AI," as well as "ways to reduce barriers to the use of AI technologies." The public will be given the opportunity to comment on this memo before it's finalized. After the issuance of the memo, the agencies will then have six months to review their authorities affected by the memo and submit a plan to OMB on how they plan to achieve consistency with the memorandum. Separately, the Order also requires the National Institute of Standards and Technology ("NIST") to issue a plan within six months on how it will develop "technical standards and related tools in support of reliable, robust, and trustworthy systems that use AI technologies."
  • Prioritizing R&D: The Order instructs agencies that perform or fund AI R&D to prioritize investment in AI R&D, although the Order is not explicit on how (or how much) AI R&D should be a priority. And, while the Order requires these agencies to identify which programs are AI R&D priorities, the Order does not augment the budget for an agency's AI R&D. It does, however, specifically instruct agencies to explore opportunities to collaborate with industry and other non-federal entities.
  • Workforce Development: The Order instructs agencies that provide educational grants to consider AI a priority area in certain federal fellowship and service programs, these include alternative education and training programs and those that fund early-career university faculty who conduct AI R&D. The Order also requires the development of recommendations on STEM education regarding AI-related considerations.
  • Protecting National Security Interests: The Order instructs agencies to develop an action plan to "protect the advantage of the United States in AI and technology critical to United States economic and national security interests against strategic competitors and foreign adversaries."

This Order marks a development in the Trump administration's AI policy, and, while it tackles a number of meaningful issues on how federal agencies should be organized around and should prioritize AI, there is much that the Order does not do, including increasing any funding for AI R&D, reforming or changing federal procurement of AI, or addressing important ethical questions on how AI should be developed and used. On the areas it does address, the Order leaves much of the specifics for further development by agencies. But it also includes important opportunities for private sector input. Specifically, public responses will be solicited regarding access or quality improvements for federal data and models to improve AI R&D, a draft memorandum issued by OMB regarding regulatory and non-regulatory approaches to AI and technical standards for AI technologies. Companies should evaluate whether they have interests that are affected by these developments and be prepared to offer applicable comments.

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2019. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions