United States: Akin Intelligence - June 2023

Welcome back to Akin Intelligence!

May featured major congressional hearings and state action in the United States, calls from industry and lawmakers for artificial intelligence (AI) regulation, and significant developments in the EU's efforts to implement the world's first comprehensive AI regulation.

The week of May 15 was particularly busy in the U.S., featuring congressional hearings on "Oversight of A.I.: Rules for Artificial Intelligence," "Artificial Intelligence and Intellectual Property" and "Artificial Intelligence in Government." In addition to the short summaries below, we provide here more detailed summaries of each of these important hearings.

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In this issue

• Federal Action
• Congressional Action
• Judicial Action State Action
• Other U.S. Developments
• International Developments
• Updates from China
• Industry Action
• Akin Thought Leadership

Federal Action

Administration Unveils New AI R&D Efforts

On May 23, 2023, the Biden administration announced a number of actions intended to bolster research, development, and deployment of responsible AI. Most notably, the White House's Office of Science and Technology Policy (OSTP) has issued a Request for Information (RFI) to inform the administration's development of a National AI Strategy. Comments will be accepted until July 7, 2023.

As part of this announcement, OSTP also released an updated National AI R&D Strategic Plan, a blueprint outlining key objectives for federal investments in AI R&D. The plan, updated for the first time in four years, reaffirms eight prior strategies (e.g., "make longterm investments in fundamental and responsible AI research" and "develop effective methods for human-AI collaboration") and adds a new ninth strategy—prioritizing international collaboration in AI research.

Moreover, the U.S. Department of Education's Office of Educational Technology released a report on "Artificial Intelligence (AI) and the Future of Teaching and Learning: Insights and Recommendations." The 70-page report outlines key issues related to AI in educational settings, including algorithmic bias, and underscores the importance of appropriate guardrails.

Administration Meets with AI Leaders

On May 4, 2023, Vice President Harris and senior administration officials met with the CEOs of OpenAI, Anthropic, Microsoft, and Alphabet to discuss current and future risks that may arise from the advancement of AI. Discussion focused on three points: (1) the need for increased transparency regarding AI systems; (2) the importance of the evaluation, verification and validation of the safety, security and efficacy of AI systems; and (3) the security of AI systems against malicious actors and attacks. White House officials also stressed that companies should comply with the administration's Blueprint for an AI Bill of Rights and the National Institute of Standards and Technology's (NIST) AI Risk Management Framework. The meeting complimented the administration's previously announced steps to "promote responsible American innovation in [AI]" and independent commitments from Anthropic, Google, Hugging Face, Microsoft, NVIDIA, OpenAI and Stability AI to "participate in a public evaluation of AI systems."

Administration Announces Generative AI Working Group

On May 13, 2023, the President's Council of Advisors on Science and Technology (PCAST) announced a new working group on generative AI. The PCAST Working Group on Generative AI will to help assess key opportunities and risks with AI, and provide input on how best to ensure that these technologies are developed and deployed as equitably, responsibly and safely as possible. The working group will identify additional AI needs and opportunities and make best practices recommendations to the President.

AI Funding and Investment Announcements

On May 12, 2023, the Biden administration launched the first Regional Technology and Innovation Hubs ("Tech Hubs") competition. The program aims to advance technology in Key Focus Areas, including AI, machine learning and autonomy. The program was authorized by the CHIPS and Science Act of 2022 and will provide $15 million in grant funding for qualifying applicants.

On May 4, 2023, the National Science Foundation (NSF), along with other federal agencies, higher education institutions, and stakeholders, invested $140 million for seven new National Artificial Intelligence Research Institutes. The funding is intended to advance foundational AI research promoting "ethical and trustworthy AI systems and technologies" and develop novel approaches to cybersecurity, climate change, neuroscience, and education and public health.

Proposed Health Care AI Requirements

On April 18, 2023, the U.S. Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) published a far-reaching proposed rule, Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing. This proposed rule includes sweeping requirements related to algorithmic transparency and risk management for "predictive decision support interventions," including AI-based health care decision support tools, that are enabled by or interfaced with ONC-certified health information technology, such as electronic health records (EHRs). Comments on this proposed rule may be submitted until June 20, 2023.

Congressional Action

On May 18, 2023, Senate Majority Leader Chuck Schumer (D-NY) met with a bipartisan group of Senators to chart a path forward on comprehensive AI legislation. The lawmakers outlined the need for Congress to move quickly on a bipartisan approach using the CHIPS and Science Act (P.L. 117–167) as a model. The Majority Leader was subsequently joined by Sens. Martin Heinrich (D-NM), Mike Rounds (R-SD), and Todd Young (R-IN) in unveiling a slate of AI-focused, Member-only briefings in June. The briefings, unveiled via a Dear Colleague letter, aim to serve as a forum for senators to examine a range of issues, with the first session focusing on the current the status of AI and recent policy developments. In the second briefing, senators will assess how to maintain U.S. leadership in the space, while the third, classified briefing will explore the ways in which federal agencies such as the U.S. Department of Defense (DoD) and the Intelligence Community, as well as American adversaries, use the technology.

Congressional Committees Convene Oversight Panels

• Senate Judiciary Subcommittee on Privacy, Technology and the Law's hearing on Oversight of A.I.: Rules for Artificial Intelligence: On May 16, 2023, OpenAI CEO Sam Altman testified before the Senate Judiciary Committee's Privacy, Technology and the Law Subcommittee. In his opening remarks, Chair Richard Blumenthal (D-CT) played an AI-generated audio recording that mimicked his voice. Sen. Blumenthal outlined the need to impose restrictions on the use of AI systems, or even ban certain systems in instances of "commercial invasions of privacy for profit." Sens. Dick Durbin (D-IL) and Lindsey Graham (R-SC) also discussed the merits of creating a national regulator for AI— an idea that Altman voiced support for. Christina Montgomery, Chief Privacy & Trust Officer, IBM, and Gary Marcus, Professor Emeritus, New York University, were also witnesses at this hearing.

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