White House Releases Memorandum on Advancing U.S. Leadership in Artificial Intelligence

Highlights

The White House considers AI to be "era-defining technology," and says the U.S. must use "responsible speed" to partner with industry and civil society to use AI for national security - or risk "losing ground to strategic competitors"

The White House says the government "must harness powerful AI, . . . to achieve national security objectives," while respecting "democratic values with regard to transparency, human rights, civil rights, civil liberties, privacy, and safety"

The White House also wishes to attract noncitizens highly skilled in AI to live and work in the U.S., and directed the State Department and the Department of Defense to attract and bring such individuals to the U.S.

On Oct. 24, 2024, the White House released a memorandum regarding the U.S.' need to advance its leadership in the development and use of AI models and AI-enabled technologies. The memorandum dubs these technologies as "era-defining technology," as global competition surges for primacy in the AI space. The memorandum directs the U.S. government to implement concrete and impactful steps to: 1) ensure that the U.S. leads the world's development of safe, secure, and trustworthy AI; 2) harness cutting-edge AI technologies to advance the U.S. government's national security mission; and 3) advance international consensus and governance around AI.

White House Policy Objectives

The memorandum declared that it is the policy of the U.S. to preserve its "competitive edge in AI development" by promoting and securing "domestic AI progress, innovation, and competition" and enhancing "innovation and competition by bolstering key drivers of AI progress, such as technical talent and computational power."

The memorandum also stated that it is a "national security priority" to advance "the lawful ability of noncitizens highly skilled in AI to enter and work in the United States."

In furtherance of these goals, the U.S. must "protect United States industry, civil society, and academic AI intellectual property and related infrastructure from foreign intelligence threats to maintain a lead in foundational capabilities."

The memorandum outlines three main objectives to promote these policy declarations, including:

• Leadership in AI Development: declaring that the U.S. must lead in creating safe, secure, and trustworthy AI, ensuring a vibrant domestic ecosystem that attracts global talent and maintains technological advantages.
• Harnessing AI for National Security: stating that the U.S. should leverage AI capabilities with appropriate safeguards, respecting democratic values and understanding AI's limitations.
• International Governance Framework: providing that the U.S. should promote a responsible international framework for AI development that upholds human rights and democratic values, collaborating with allies.

The memorandum also emphasized the need to attract skilled international talent, enhance innovation, and secure the U.S. AI ecosystem against foreign threats. In doing so, it outlined specific actions and assessments to strengthen the nation's competitive edge in AI, including improving visa processes for skilled workers and advancing AI-related technological resources.

Critical Actions in Furtherance of Objectives

The AI memorandum outlines several critical actions deemed necessary in furtherance of the above objectives. Specifically:

• With respect to ensuring that the U.S. leads the world's development of safe, secure, and trustworthy AI, the memorandum: 1) directs actions to improve the security and diversity of chip supply chains, and to ensure the U.S. supports the development of the next generation of government supercomputers and other emerging technology; and 2) directs relevant U.S. government entities to provide AI developers with the timely cybersecurity and counterintelligence information necessary to keep their inventions secure.
• Regarding enabling the U.S. government to harness cutting-edge AI, while protecting human rights and democratic values, to achieve national security objectives, the memorandum provides guidance for AI governance and risk management for use in national security missions, complementing previous guidance issued by the Office of Management and Budget for non-national security missions.
• As to advancing international consensus and governance around AI, the memorandum: 1) builds on substantial international progress on AI governance over the last twelve months; and 2) directs the U.S. government to collaborate with allies and partners to establish a stable, responsible, and rights-respecting governance framework to ensure the technology is developed and used in ways that adhere to international law while protecting human rights and fundamental freedoms.

Direction to Government Agencies

The memorandum also outlines specific actions and policies for U.S. government agencies to enhance and protect AI capabilities in line with national security goals, including:

• Facility Development: The Department of Defense (DOD), Department of Energy (DOE), and Intelligence Community (IC) will integrate large-scale AI into their mission planning and facility construction, ensuring alignment with the Federal Mission Resilience Strategy.
• AI Resource Distribution: The National Science Foundation (NSF) will leverage the National AI Research Resource (NAIRR) to provide critical AI resources to universities, nonprofits, and researchers lacking access, fostering competitive and innovative AI research.
• Pilot Projects: DOE will launch a pilot to evaluate federated AI for large-scale training and analysis.
• Streamlining Infrastructure Development: The White House Chief of Staff will coordinate efforts to simplify permitting and approvals for AI infrastructure, working with various government levels to ensure resilience and environmental sustainability.
• Investment in AI Technologies: Various agencies (State Department, DOD, DOE, IC, and Commerce Department) will encourage public and private investments in strategic AI technologies and evaluate the need for new authorities to facilitate these investments.
• Protection from Foreign Threats: The U.S. will safeguard its AI innovations and intellectual property from foreign intelligence threats, employing various strategies to identify and mitigate risks to the AI supply chain.
• Managing AI Risks: The government will develop technical and policy tools to address safety, security, and trustworthiness risks posed by AI. The Commerce Department, through the AI Safety Institute (AISI), will lead voluntary testing of AI models to assess risks related to cybersecurity, biosecurity, and human rights, among others.
• Guidance for Developers: AISI will provide guidelines for AI developers on testing and managing risks associated with dual-use models, focusing on safety, security, and the prevention of misuse.

These actions aim to ensure that the U.S. maintains its leadership in AI while safeguarding national security and democratic values.

Takeaways

The White House's memorandum underscores the importance of AI technology and the government's desire to enhance, extend, and protect the competitive advantage in that technology enjoyed by the U.S. It also emphasizes the need to lead the international development of governance standards and norms that are consistent and conducive to the democratic values espoused by the U.S. Readers should familiarize themselves with the entire memorandum and continue to watch for further developments of U.S. policy, especially given potential changes from the next administration.

For more information, please contact the Barnes & Thornburg attorney with whom you work or Nicholas Sarokhanian, chair of the firm's Artificial Intelligence practice, at 612-367-8795 or [email protected], Lyric Menges at 310-284-3774 or [email protected], or Michelle Rosario at 202-831-6720 or [email protected].

© 2024 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is proprietary and the property of Barnes & Thornburg LLP. It may not be reproduced, in any form, without the express written consent of Barnes & Thornburg LLP.

This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.

Public link

Please use the above public link if you want to share this noodl on another website.