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AI Executive Order Could Be Open to Legal Challenge

November 8, 2023

Government Contracts and National Security partner Charles Blanchard was quoted in a recent article from Time, "Why Biden’s AI Executive Order Only Goes So Far." The article discusses the Biden Administration’s recent order that tasks agencies with rethinking their approach to AI, addressing threats related to national security and consumer privacy, and promoting innovation, competition, and the use of AI for public services.

Under the Executive Order, companies developing AI models are required to publicly disclose the results of safety tests for the Administration to assess whether the models are safe enough. To legally justify this requirement, the Administration invoked the U.S. Defense Production Act, which Blanchard says is a “very aggressive” move that could be open to legal challenge from AI developers. However, he added that AI companies are unlikely to bring a challenge and that government action against AI model developers “would be a stretch.”

» Read the full article.