AI Legislative Guide |
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USA (Federal Law) |
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(United States)
Firm
Faegre Drinker Biddle & Reath LLP
Contributors Updated 24 Jan 2025 |
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| Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)? | Yes. |
| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | The U.S. does not have an overarching federal law governing artificial intelligence. On October 30, 2023, President Biden signed Executive Order 14110 on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. Primarily aimed at federal agencies and other federal entities that fall under presidential control, Biden’s executive order established “new standards for AI safety and security, protects Americans' privacy, advances equity and civil rights, stands up for consumers and workers, promotes innovation and competition, advances American leadership around the world, and more." Information about the Biden administration’s extensive efforts to implement the executive order can be found at https://hai.stanford.edu/policy/tracking-us-ai-executive-order. On January 20, 2025, President Trump revoked Biden’s executive order as part of the new administration’s effort to “end Federal implementation of unlawful and radical DEI ideology.” On January 23, Trump signed an executive order declaring, "It is the policy of the United States to sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security." In addition, Trump’s order directs relevant officials to identify any actions taken pursuant to Biden's executive order that would be inconsistent with, or present obstacles to, the goal of enhanced global AI dominance. |
| Which agency regulates the use of AI in your jurisdiction? | There is no single federal agency charged with regulating AI. Where the use of AI is covered by existing law, the federal agencies charged with enforcing the law continue to have jurisdiction. The National Institute of Standards and Technology has issued extensive guidance on AI risk management, which can be found at nist.gov. NIST is not a regulatory agency, but its guidance and standards are often incorporated into laws and regulations. |
AI Legislative Guide
USA (Federal Law)
(United States) Firm Faegre Drinker Biddle & Reath LLPContributors
Updated 24 Jan 2025Yes.
The U.S. does not have an overarching federal law governing artificial intelligence. On October 30, 2023, President Biden signed Executive Order 14110 on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. Primarily aimed at federal agencies and other federal entities that fall under presidential control, Biden’s executive order established “new standards for AI safety and security, protects Americans' privacy, advances equity and civil rights, stands up for consumers and workers, promotes innovation and competition, advances American leadership around the world, and more." Information about the Biden administration’s extensive efforts to implement the executive order can be found at https://hai.stanford.edu/policy/tracking-us-ai-executive-order.
On January 20, 2025, President Trump revoked Biden’s executive order as part of the new administration’s effort to “end Federal implementation of unlawful and radical DEI ideology.” On January 23, Trump signed an executive order declaring, "It is the policy of the United States to sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security." In addition, Trump’s order directs relevant officials to identify any actions taken pursuant to Biden's executive order that would be inconsistent with, or present obstacles to, the goal of enhanced global AI dominance.
There is no single federal agency charged with regulating AI. Where the use of AI is covered by existing law, the federal agencies charged with enforcing the law continue to have jurisdiction.
The National Institute of Standards and Technology has issued extensive guidance on AI risk management, which can be found at nist.gov. NIST is not a regulatory agency, but its guidance and standards are often incorporated into laws and regulations.