I have provided below a link to a 68-page pdf of President Biden’s October 30, 2023, AI Executive Order (which I copied and pasted from the White House website). The Executive Order is lengthy, very lengthy. Many people had to have been working on, reviewing, revising, working on, reviewing, revising, etc., and eventually finalizing the Executive Order for a significant number of hours, days, weeks and probably months.
You might be aware that in California at the state level proposed AI legislation and regulation has already been introduced, and that a California AI Executive Order also already exits. California wants to be an important player in AI regulation, as in other areas.
We all know that detailed legislation and regulation will be coming, and that AI already is or will become an area of legislation, regulation, enforcement, and protectible rights (into the future, and forever). Of course I have not had time to analyze the October 30 Executive Order – and as I have said, it is lengthy – but I encourage you to at least scan through the pdf below for an overview and feeling about the undoubtedly extensive legislation and regulation that will be coming.
Actually, as you skim through the pdf, you will see the broad and detailed extent to which the Executive Order already seeks to impact the use of AI. You might be aware, however, that the scope and authority of an Executive Order is limited and can be overturned if the Order lacks support by statute or the Constitution. The extent to which an Executive Order can regulate the private development and use of AI without action by Congress will be debated, and perhaps litigated in Court. Similarly, the extent to which a state such as California can regulate the private development and use of AI also will be debated, and perhaps litigated in Court (e.g., the extent to which a single state or even a group of states can regulate commerce that by its nature is national and worldwide in scope and impact).
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David Tate, Esq. (and inactive CPA)
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David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.
David Tate, Esq. Headlines (and inactive CPA) – Trust, estate, probate and elder abuse disputes, litigation and contentious administrations; business litigation and internal and co-owner business disputes, litigation, and governance; real property and co-owner disputes and litigation; mediator and dispute resolution services; and social and digital media for law, people, businesses and legal risk management. 