Insights

White House Announces Artificial Intelligence Bil

White House Announces Artificial Intelligence Bill of Rights

The Artificial Intelligence Bill of Rights sets forth voluntary guidelines that companies utilizing or developing technology with artificial intelligence can follow to protect users.

On October 4, 2022, the White House Office of Science and Technology Policy published the blueprint for an AI Bill of Rights (the "AI Bill"), with the stated purpose of protecting the public from harmful outcomes or harmful use of technologies that implement artificial intelligence ("AI"). While AI is a powerful technology that has transformed and improved many aspects of day-to-day living, its implementation has the potential to lead to unintended and sometimes negative consequences. 

The AI Bill's framework applies to companies with "(1) automated systems that (2) have the potential to meaningfully impact the American public's rights, opportunities, or access to critical resources or services." Companies that fall under this framework are encouraged to follow the AI Bill's five principles:

  1. Safe and Effective Systems. Companies should ensure automated systems are designed to protect users from harm. To achieve and guarantee this, automated systems should undergo regular monitoring designed to identify and mitigate safety risks. 
  2. Algorithmic Discrimination Protections. Companies should emphasize equity when developing algorithms through use of representative data and by conducting proactive equity assessments. Discriminatory uses of algorithms and algorithms that generate discriminatory results should be abolished and prohibited. 
  3. Data Privacy. Users sharing their data should have agency over how their data is used and be protected from abusive data practices. As such, companies should include built-in data protections and limit collection to data that is "strictly necessary for the specific context."
  4. Notice and Explanation. Users should be notified when an automated system is in use, and accessible plain language should describe how and why such a system contributes to outcomes that impact users. 
  5. Human Alternatives, Consideration, and Fallback. Companies should provide users with the option to opt out from automated systems and alternatively provide access to a human consultant, where appropriate. 

While the AI Bill only sets forth voluntary guidelines, it sets the stage for future legislation  and regulations surrounding the use and implementation of AI. More details can be found here.

Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.