United States White House Draft Guidance for Regulation on Artificial Intelligence Applications


The draft Memorandum sets out policy considerations that should guide, to the extent permitted by law, regulatory and non-regulatory oversight of AI applications developed and deployed outside of the Federal government. Although Federal agencies currently use AI in many ways to perform their missions, government use of AI is outside the scope of this Memorandum. While this Memorandum uses the definition of AI recently codified in statute it focuses on “narrow” (also known as “weak”) AI, which goes beyond advanced conventional computing to learn and perform domain-specific or specialized tasks by extracting information  of the potential regulation on AI innovation and growth.  Agencies must avoid a precautionary approach that holds AI systems to such an impossibly high standard that society cannot enjoy their benefits.  Where AI entails risk, agencies should consider the potential benefits and costs of employing AI, when compared to the systems AI has been designed to complement or replace.

Furthermore, in the context of AI, as in other settings, agencies must consider the effect of Federal regulation on existing or potential actions by State and local governments.  In some circumstances, agencies may use their authority to address inconsistent, burdensome, and from data sets, or other structured or unstructured sources of information.


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