BSA: Legislation is still needed following EO

WASHINGTON – BSA | The Software Alliance issued the following statement related to the Biden administration’s forthcoming executive order on artificial intelligence.

The Biden administration’s executive order on artificial intelligence rightly recognizes the tremendous opportunities AI-enabled tools offer for our economy and society. The EO also recognizes that we must set thoughtful rules for managing AI risks to realize its benefits.

The executive order takes meaningful action on AI, but both the administration and leaders in Congress have acknowledged that legislative action is ultimately necessary. We agree. There are ideas available already for Congress, such as requiring organizations developing or using high-risk AI to systematically assess them for bias or discrimination. Enforcing existing laws is important – but it is not enough. We also need new legislation to create AI-specific guardrails for AI systems in the United States.

The order does several important things, including promoting the use of the NIST AI Risk Management Framework in the government’s own procurement work. That helps to fortify the NIST RMF as a leading tool for AI risk management, and provides a framework upon which the government can build. BSA’s own Framework to Build Trust in AI helped to aid the development of the NIST RMF.

The order also recognizes the need to continue developing new policies that can accommodate new and emerging types of AI. It underscores the need for investments in research and development and workforce training.

The executive order outlines some positive, commonsense steps the administration will take on AI, including emphasizing secure software development practices, identifying content authentication measures, attracting AI talent, providing clarity on IP protections available when AI is used, and improving privacy-enhancing technologies. We are additionally pleased that order reflects our recommendation to identify how civil rights laws can be used to prevent discrimination in the use of AI, which will help identify any gaps that need to be addressed.

Finally, we applaud the executive order for prioritizing global leadership and international coordination in developing future AI policies and standards. The enterprise software industry will continue its work with the Biden administration, leaders in Congress, and leaders in world capitals to set thoughtful, globally coordinated rules to spread the benefits of artificial intelligence and build trust in technology.