White House issues Guidance for Regulation of Artificial Intelligence Applications

The White House issued a memorandum providing guidance to federal agencies to consider when developing regulatory approaches to artificial intelligence (AI) applications. Noting the importance of AI in preserving the country’s economic and national security, the document sets out a series of policy considerations that should guide AI regulations: (a) Consider new regulations only after carefully assessing whether existing or evolving regulatory frameworks are sufficient; (b) avoid hampering AI innovation and growth; (c) contribute to the public trust in AI by promoting reliable robots, and trustworthy AI applications that do not pose risks to fundamental human rights and freedoms; (d) embed public participation, disclosure, and transparency in rule-making processes; (e) apply risk assessment and risk management frameworks and be transparent about the evaluation of risks; (f) carefully consider the full societal benefits and costs associated with the development and deployment of AI; (g) take flexible approaches that are technology-neutral and do not harm innovation; (h) consider issues of fairness and non-discrimination in regard to outcomes and decisions produced by AI appplications; (i) promote the development of AI systems that are safe, secure, and operate as intended; (j) consider any national security implications raised by AI applications; and (k) co-ordinate with other agencies to ensure the consistency and predictability of AI policies. The guidance also includes recommendations for non-regulatory approaches to AI (such as sector-specific policy guidance and voluntary consensus standards) and lists examples of actions that agencies can take to reduce barriers to the deployment and use of AI (from facilitating access to federal data to engaging with the private sector in the development of standards).