In October 2023, President Biden signed the Executive Order (EO) on Safe, Secure, and Trustworthy Artificial Intelligence, which established AI safety and security standards, promoted consumer protection, enabled AI innovation, and advanced American technology leadership. Federal departments and agencies have successfully completed all tasks within 90 days, 150 days, and 180 days. These tasks included establishing disclosure requirements for developers of the most advanced AI systems, evaluating potential AI risks affecting critical infrastructure, preventing foreign entities from developing AI for malicious purposes, expanding investment into AI innovation and talent attraction, and creating an AI task force to expand AI innovation in healthcare. Further actions include the establishment of AI Governance Boards, submission of a report on authenticating, labeling, and detecting synthetic content, and identifying clinical errors arising from the use of AI in healthcare. The EO sets foundations for AI risk management, regulation, and innovation in the US.

The American Privacy Rights Act (APRA) proposal, released by two bipartisan committee chairs, could lead to the first national data privacy framework in the US. It aims to solve the challenge caused by an absence of a national standard, and includes several consumer privacy provisions, restricts data collection and use, and creates a national registry of data brokers. The APRA does not specifically address AI, but its broad domain means it inadvertently covers AI systems that process personal data. Industry leaders have responded positively, but lawmakers are disappointed in the lack of protections for minors and may introduce complementary legislation. The bill has not yet been formally introduced, and Holistic AI can help maximise compliance with the new regulations.

The White House Office of Management and Budget (OMB) has issued a policy on advancing governance, innovation, and risk management for agency use of artificial intelligence (AI). The policy directs federal agencies to promote AI innovation and governance while managing the risks associated with the technology, especially those impacting the safety and rights of the American public. This aligns with President Biden’s executive order on AI and creates a balance between responsibility and innovation while making federal agencies accountable for the development and risk management of AI. The policy outlines several AI governance, innovation, and risk management actions for federal agencies, including managing risks related to the procurement of AI, addressing risks from the use of AI, expanding transparency of AI use, advancing responsible AI innovation, and growing the AI workforce. Alongside the policy, measures such as increasing reporting on the 2024 Federal AI Use Case Inventory and issuing a Request for Information (RFI) on the responsible procurement of AI in government have been introduced to promote responsible AI use.

The use of AI in businesses is becoming more widespread, with about 42% of companies currently using AI in some way. While AI can offer benefits such as automation, process streamlining, and personalization, it also comes with risks if used without appropriate safeguards and risk management. Laws are being introduced to codify responsible AI practices, with horizontal AI legislation affecting multiple applications of AI systems, such as the Algorithmic Accountability Act and the Federal Artificial Intelligence Risk Management Act. There are also initiatives targeting specific AI applications, including HR tech and generative AI, and online platforms and communications. Compliance with these laws is crucial for organizations, and preparation early on is the best way to ensure compliance.

The Federal Communications Commission (FCC) has issued a Declaratory Ruling that clarifies the application of the Telephone Consumer Protection Act of 1991 (TCPA) to artificial intelligence (AI) technologies, particularly those capable of generating human-like voices. The ruling confirms that the TCPA's restrictions on the use of "artificial or pre-recorded voice" encompass current AI technologies that simulate human voices or generate call content using pre-recorded voices. The regulation grants the FCC authority to impose fines on companies utilizing AI voices in their calls or to halt the service providers facilitating them, with fines potentially exceeding $23,000 per call. The ruling also allows call recipients to pursue legal action and potentially receive compensation of up to $1,500 for each unwanted call. The FCC's decision follows a Notice of Inquiry recognizing the need to address AI's potential to emulate human speech and pose new challenges to regulatory frameworks.