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Artificial Intelligence Policies

Artificial Intelligence Policies

Throughout the 2024 U.S. presidential election, Winston monitored the presidential candidates’ policy positions related to artificial intelligence. We asked ChatGPT and our attorneys for their insights.

Visit Winston & Strawn’s Transition Period Update for timely insights on the pivotal steps shaping the path forward for the Trump/Vance administration. 

Disclaimer: This page is strictly dedicated to providing public information on the candidates’ policy positions and in no way indicates an affiliation with any political party or candidate.

Kamala Harris
derived from Biden-Harris Administration priorities

Ask ChatGPT

We asked ChatGPT what it believed Kamala Harris’ AI policy would be if she is elected, and this was ChatGPT’s response:

While I can’t predict future policies, I can share insights into areas that have been focal points for AI policy discussions and that might continue to be relevant if Kamala Harris were to be elected. These insights are based on trends and priorities seen in her term as VP and general directions in AI policy worldwide.

  1. Regulation and Oversight: Emphasizing the development of regulatory frameworks that ensure AI technologies are used ethically and responsibly. This could include measures to prevent bias, protect privacy, and ensure transparency in AI applications.
  2. Research and Development (R&D): Continuing to invest in AI research and development to maintain competitiveness and innovation. This might involve increased funding for government agencies, universities, and partnerships with the private sector.
  3. National Security: Utilizing AI to enhance national security measures while also addressing the ethical concerns related to surveillance and autonomous weapons systems.
  4. Workforce and Education: Addressing the impact of AI on the workforce, including reskilling and upskilling programs to prepare workers for AI-driven changes in various industries. This could also involve education initiatives to promote STEM fields and AI literacy.
  5. International Cooperation: Promoting international collaboration on AI governance to establish global norms and standards. This may include working with allies and international organizations to ensure a balanced approach to AI development and use.
  6. Equity and Inclusion: Ensuring that AI development and deployment advance equity and inclusion, including efforts to mitigate biases in AI algorithms and promote diversity within the AI workforce.

Ask Winston

From our research, we found that, at present, President Joe Biden’s policy on Artificial Intelligence (AI) is outlined in his Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence issued on October 30, 2023.  Some of the key AI policy objectives outlined in the Executive Order are:

  • The Biden-Harris Administration has prioritized safety and accountability and is committed to developing reliable and standardized tests to evaluate AI systems, which, in turn, are meant to translate to reliable and safe AI systems.
  • Companies developing AI models that pose risks to national security, economic security, or public health and safety are already being required to report their safety test results with the U.S. government prior to a public rollout.
  • To help combat fraud and deception, the Department of Commerce will develop guidance for content authentication and watermarking to clearly label AI-generated content.

  • Data privacy continues, and will continue, to be a priority for the Biden-Harris Administration. With the advancement of AI, the Biden-Harris Administration seeks to also strengthen federal-level data privacy policies in tandem with AI technologies.

  • The Biden-Harris Administration has acknowledged certain risks associated with growing reliance on AI technologies, including how irresponsible use of AI can exacerbate issues with discrimination and bias and job displacement. The Executive Order recognizes these risks and has advanced policies to counteract them, including providing clear guidance to landlords and Federal benefits programs using AI, committing to supporting American workers through education and job training as AI becomes more prevalent in the workforce, and developing guidelines and clear standards for government agencies using AI.

  • The Biden-Harris Administration seeks to support AI innovation and AI startups by, for example, expanding grants for AI research in areas such as healthcare and climate change.

  • Continuing a trend that began under the Trump Administration, the Biden-Harris Administration’s antitrust regulators have focused heavily on the world of technology.
  • This has included actions against large technology companies alleging monopolization and attempts to block mergers between technology companies.
  • Under the Biden-Harris Administration, the government has repeatedly raised concerns about the potential anticompetitive effects of pricing algorithms. Government regulators have sued several companies from various industries, including tech, real estate, and agriculture, over allegations related to the anticompetitive use of pricing algorithms.
  • President Biden has recently emphasized the need for regulation related to artificial intelligence (AI), and in a recent Executive Order, he charged federal agencies to develop guidelines surrounding AI use. Since then, antitrust regulators have met with their counterparts in other G7 countries to discuss competition issues posed by AI, and the FTC held a summit devoted to AI concerns.
  • It seems clear that the Harris Administration would continue to make the world of technology a key antitrust focus.

If elected, Kamala Harris is expected to continue to advance the policy objectives captured by the Executive Order. In addition to the policies articulated in the Executive Order, the Biden-Harris Administration’s key Artificial Intelligence policy objectives also include:

1. Balancing the Risks and Potential Associated with AI

  • During his State of the Union address delivered on March 7, 2024 in Washington D.C., Biden stated that he wanted to “harness the promise of AI to protect us from peril.” Biden also stated that he would “ban AI voice impersonations and more.”
  • Biden’s State of the Union address echo much of the policy points set forth in the October 2023 Executive Order. Namely, a desire to strike a balance between the potential benefits unlocked by AI technology and the risks that it poses to the American public.

2. Working Together with Private Companies

  • The Biden-Harris Administration has engaged technology leaders on the subject of AI. Biden wants to maintain a running dialogue with private companies in the AI space, including seeking out commitment from private companies to address the possible risks stemming from AI.

Donald Trump

Ask ChatGPT

We asked ChatGPT what it believed Donald Trump’s AI policy would be if he is elected, and this was ChatGPT’s response: 

Reflecting on Donald Trump’s previous term and considering the evolving landscape of artificial intelligence (AI), it’s possible to speculate on what his AI policy priorities might be if he were elected again. These speculations would be based on his administration’s past actions and general policy trends within the sphere of technology and innovation. Here are several areas that might be emphasized:

  1. Economic Competitiveness and Innovation: Prioritizing AI development to maintain and enhance U.S. economic competitiveness, particularly against key rivals like China. This could involve supporting AI research and development in the private sector and streamlining regulations to facilitate faster innovation.
  2. National Security: Emphasizing the role of AI in national defense and security, including investing in AI technologies to ensure military superiority and protect against cybersecurity threats.
  3. Regulatory Environment: Focusing on a deregulatory approach to foster the growth of AI technologies and businesses, potentially reducing barriers to innovation and encouraging the private sector to lead in AI development.
  4. Workforce Development: Initiating programs to prepare the American workforce for the jobs of the future, which may include re-skilling and up-skilling efforts to mitigate the impact of AI and automation on employment.
  5. International Leadership: Seeking to assert and maintain U.S. leadership in global discussions on AI, possibly through bilateral and multilateral partnerships, while promoting American AI technologies abroad.
  6. Privacy and Data Security: Balancing the advancement of AI technologies with concerns over data privacy and security, potentially through policies that protect citizens’ data without overly hindering technological progress.

Ask Winston

From our research, we found that former President Donald Trump’s campaign has not released an official statement on AI. The following is an overview of statements made to date.  

Trump’s AI Policies from 2016 to 2020

In February 2019, Trump signed an Executive Order titled the “American AI Initiative,” which called on federal agencies to shift funding toward AI projects. One of the stated objectives of the policy was to ensure that America remained a leader in AI technology. Other stated goals of the Executive Order included establishing guidelines for regulation, education development and workforce training, and maintaining a competitive edge against competing countries.

Donald Trump’s Artificial Intelligence policy objectives for a second Trump Administration include:

  • On the campaign trail in Cedar Rapids, Iowa in December 2023, Trump declared that, if “re-elected,” he would “cancel Biden’s artificial intelligence executive order and ban the use of AI to censor the speech of American citizens on day one.”

  • In an interview with Fox News Business Network, Trump referred to AI as “scary.” Trump voiced his concerns about the way AI technology could be used to distort imagery, voices, and other form of media in furtherance of public deception and emphasized the difficulty in discerning the difference between AI-generated and non-AI-generated media.
  • Trump also noted that the threat to security posed by AI and indicated that it was something that required immediate attention.
  • If elected, Trump’s recognition of the risks posed by AI and a growing reliance on AI technology would likely play a key role in informing his AI policies.

  • Large technology companies were a key target for antitrust enforcement efforts under the Trump Administration. During Donald Trump’s presidency, the FTC established a formal Technology Enforcement Division. Antitrust regulators during the Trump years-initiated suits against major technology companies like Facebook and Google, focusing on issues like monopolization, mergers, and “killer acquisitions.”
  • One significant difference between the regulation of Big Tech conducted by the Biden and Trump Administrations lies in the policy goals animating these enforcement efforts. During the Trump Administration, public statements surrounding antitrust enforcement in the tech arena invoked not only concerns about anti-competitive conduct, but also broader concerns about the ideologies and behaviors of large technology companies outside the world of antitrust, including censorship-related concerns. Some commentators inferred that the Trump Administration viewed antitrust regulation as a tool to combat the broad influence that large technology companies wield in the public arena.
  • Republican state antitrust enforcers have also advanced the Trump Administration’s agenda of enforcement in the world of Big Tech. Thus, for example, the Attorney General of Texas brought a major antitrust lawsuit against Google, which is set to go to trial in 2025, and has joined with other attorneys general in actions against Google and Facebook.
  • It seems likely that a second Trump Administration would continue to focus its regulation efforts heavily on the world of Big Tech. As noted above, those regulatory efforts may intersect with non-antitrust areas, including privacy laws and free speech protections.

Jill Stein

Ask ChatGPT

We asked ChatGPT what it believed Jill Stein’s AI policy would be if she is elected, and this was ChatGPT’s response:

Given Jill Stein’s background as the Green Party’s presidential candidate and her focus on environmental sustainability, social justice, and grassroots activism, her AI policy if elected might reflect a strong emphasis on ethical considerations, public welfare, and the environment. While speculative, such a policy framework could potentially include:

  1. Sustainable Development: A focus on leveraging AI to promote sustainable development goals, including environmental protection, renewable energy, and sustainable agriculture. Policies might encourage the development of AI technologies that help reduce carbon emissions and promote biodiversity.
  2. Social and Economic Equity: Policies aimed at ensuring AI contributes to social and economic equity, possibly including measures to prevent job displacement without adequate social safety nets, and efforts to address the digital divide, ensuring equitable access to AI technologies and benefits.
  3. Regulatory Oversight: A strong regulatory framework for AI to ensure transparency, accountability, and the protection of privacy and civil liberties. This might include specific regulations to prevent biases in AI algorithms and ensure that AI technologies do not infringe on individual rights.
  4. Public Participation: Emphasizing the importance of public participation in AI governance, including mechanisms for public input and discussion on the ethical implications of AI technologies. Policies might support initiatives to educate the public on AI and its societal impacts.
  5. International Collaboration: Advocacy for international collaboration on AI policies, focusing on creating global standards for ethical AI development and deployment, and addressing global challenges such as climate change and inequality.
  6. Research and Innovation: Supporting research and innovation in AI that aligns with public interest and welfare, with a focus on open-source technologies and collaborative projects that advance social and environmental goals.

Ask Winston

In our research, we found that Jill Stein has not articulated any official Artificial Intelligence policy objectives for a Stein Administration.

Key Contacts

Key Contacts

Bobby Malhotra

Partner

Los Angeles

Email

+1 213-615-1313

Krishnan Padmanabhan

Partner

New York

Email

+1 212-294-3564

John Rosenthal

Partner

Washington, DC

Email

+1 202-282-5785

Sean Anderson

Partner

New York

Email

+1 212-294-5388

Becca Ou

Associate

New York

Email

+1 212-294-3346

Bobby Malhotra

Krishnan Padmanabhan

John Rosenthal

Sean Anderson

Becca Ou

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