Our initial thoughts on the Biden Executive Order first appeared on WilmerHale’s Privacy and Cybersecurity Blog the day that the Executive Order was released.

On October 30, 2023, the Biden Administration issued its highly anticipated Executive Order on the Safe, Secure, Trustworthy Development and Use of Artificial Intelligence (Order). The Order provides a broad vision of the administration’s legal, regulatory and policy approach to the development and implementation of artificial intelligence (AI) in the United States and attempts to set the tone for regulating the technology globally. Through the Order, the administration seeks to assert American leadership in an area where there is concern that the federal government’s efforts are not keeping pace with the speed at which the technology is being adopted or regulated in other countries. The Order also makes clear the administration will require measures to ensure safe and responsible development and use of AI but that it will take an overall cautious approach to regulation in this area to ensure continued innovation and American competitiveness.