Illustration: Sarah Grillo/Axios
President-elect Trump's promise to nix the Biden administration's AI executive order could end up being more of a rebrand than a repeal.
Why it matters: The AI executive order was a cornerstone of the Biden administration's tech policy, with sweeping directives designed to try to ensure the federal government is adopting and deploying AI responsibly.
Between the lines: Much of the executive order will already be implemented when Trump takes office.
- The executive order largely did not aim to regulate the private sector.
- The Biden administration instead leaned on voluntary commitments from companies while Congress started educating itself on the technology.
- When Trump takes office, he'll be starting from a place with little AI regulation on the books.
Two places where Trump could potentially overhaul the executive order are in the reporting requirements and the procurement standards.
- Biden's executive order requires companies to tell the Commerce Department when a model was trained using more than a specific compute power threshold.
- The EO also says the government has to take certain factors like climate impact into consideration when procuring AI, which the next administration may not be amenable to.
Flashback: Trump in his first term signed an AI executive order that was then codified into law as part of the National AI Initiative Act of 2020 and could continue to inform his approach.
- The EO called for plans to issue AI technical standards and building the AI workforce.
- In 2020, the Trump White House also established the first national AI research institutes and issued another AI EO focused on the federal government's use of AI.
What they're saying: "The Trump administration can build upon that past approach by cataloging how existing laws impact AI, and by examining other key AI priorities" like research, technical frameworks and guidelines for government use of the tech, said BSA senior vice president of U.S. government relations Craig Albright.
State of play: The deadlines agencies have already met — more than 100 to date — could be difficult to reverse.
- There are more to hit in the waning days of the Biden administration, including taking steps to mandate NIST guidelines and developing guidance for digital authentication in December.
- By January, agencies will have to address the most important potential data security risks related to chemical, biological, radiological and nuclear weapons.
- That same month, agencies will also have to submit a report to the president on how to advance AI global technical standards and how to mitigate cross-border risks to U.S. critical infrastructure.
Some directives could be at a greater risk, as their deadlines will arrive after Trump takes office.
- For example, the establishment of at least four new National AI Research Institutes by April 2025 and OMB guidance for labeling and authenticating government AI by June 2025.
What we're watching: Trump is known for being unpredictable, and having a pro-AI regulation adviser like Elon Musk in his ear could influence his approach.
- Since Biden's AI EO, agencies have been required to name chief AI officers to manage the development and strategy of the tech.
- We'll be tracking if these federal agency CAIOs will get caught up in the crosshairs of Musk's Department of Government Efficiency efforts.
