On May 23, 2023, the White House announced that it took the following steps to further advance responsible Artificial Intelligence (“AI”) practices in the U.S.:

  • the Office of Science and Technology Policy (“OSTP”) released an updated strategic plan that focuses on federal investments in AI research and development (“R&D”);
  • OSTP issued a new request for information (“RFI”) on critical AI issues; and
  • the Department of Education issued a new report on risks and opportunities related to AI in education.

These announcements build on other recent actions by the Administration in connection with AI, such as the announcement earlier this month regarding new National Science Foundation funding for AI research institutions and meetings with AI providers.

This post briefly summarizes the actions taken in the White House’s most recent announcement.

Updated OSTP Strategic Plan

The updated OSTP strategic plan defines major research challenges in AI to coordinate and focus federal R&D investments.  The plan aims to ensure continued U.S. leadership in the development and use of trustworthy AI systems, prepare the current and future U.S. workforce for the integration of AI systems across all sectors, and coordinate ongoing AI activities across agencies.

The plan as updated identifies nine strategies:

  1. Make long-term investments in fundamental and responsible AI research.
  2. Develop effective methods for human-AI collaboration.
  3. Understand and address the ethical, legal, and societal implications of AI.
  4. Ensure the safety and security of AI systems.
  5. Develop shared public datasets and environments for AI training and testing.
  6. Measure and evaluate AI systems through standards and benchmarks (e.g., Blueprint for an AI Bill of Rights and AI Risk Management Framework).
  7. Better understand the national AI R&D workforce needs (e.g., Request for Comment on Use of Automated Tools with the Workforce).
  8. Expand public-private partnerships to accelerate advances in AI.
  9. Establish a principled and coordinated approach to international collaboration in AI research.

OSTP RFI

The RFI notes that the pace of AI innovation is accelerating rapidly.  It states that the U.S. must mitigate risks to fully harness AI’s benefits.  To accomplish this, the Administration is developing a National AI Strategy, which will help ensure that the U.S. is responsive to the latest opportunities and challenges posed by AI.  The national strategy will be informed in part by the information submitted in response to this RFI, which seeks input on the following topics:

  1. Protecting rights, safety and national security. 
  2. Advancing equity and strengthening civil rights. 
  3. Bolstering democracy and civil participation. 
  4. Promoting economic growth and good jobs.  
  5. Innovating in public services. 

Each of these topics is described more fully in the RFI.  Comments are due on July 7, 2023.

Department of Education Report

The Department’s report “addresses the clear need for sharing knowledge and developing policies for [AI], a rapidly advancing class of foundational capabilities which are increasingly embedded in all types of educational technology systems and are also available to the public.” 

The report provides three reasons to address AI in education now:  (1) AI may facilitate the realization of educational priorities in better ways, at scale, and with lower costs; (2) concerns over system-level risks and anxiety about future risks such as surveillance and job loss must be addressed quickly; and (3) the scale of unintended or unexpected consequences can be significant.

The report provides seven recommendations to guide AI policy in education:

  1. Emphasize Humans in the Loop: The Department calls on all constituents to adopt a “human in the loop” as a key criterion for educational use of AI.
  2. Align AI Models to a Shared Vision for Education: The Departments asks educational policy makers to use their power to align priorities, educational strategies, and technology adoption decisions to place the educational needs of students ahead of the excitement about emerging AI capabilities.
  3. Design Using Modern Learning Models: The Department requests that the R&D sector “ensure that product designs are based on best and most current principles of teaching and learning.”
  4. Prioritize Strengthening Trust: The Department notes that trust is a key component for AI systems that must incorporate safety, usability, and efficacy.
  5. Inform and Involve Educators: The Department asks for education technology industry participants to involve educators throughout the design and development process of AI systems.
  6. Focus R&D on Addressing Context and Enhancing Trust and Safety: The Department states that “R&D must take the lead in making AI models more context-sensitive and ensuring that they are effective, safe, and trustworthy for use with varied learners in diverse setting.”
  7. Develop Education-Specific Guidelines and Guardrails: The Department encourages constituents to increase their awareness of how AI reaches beyond privacy and security concerns and how to prepare to effectively confront future issues.
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Photo of Yaron Dori Yaron Dori

Yaron Dori has over 25 years of experience advising technology, telecommunications, media, life sciences, and other types of companies on their most pressing business challenges. He is a former chair of the firm’s technology, communications and media practices and currently serves on the…

Yaron Dori has over 25 years of experience advising technology, telecommunications, media, life sciences, and other types of companies on their most pressing business challenges. He is a former chair of the firm’s technology, communications and media practices and currently serves on the firm’s eight-person Management Committee.

Yaron’s practice advises clients on strategic planning, policy development, transactions, investigations and enforcement, and regulatory compliance.

Early in his career, Yaron advised telecommunications companies and investors on regulatory policy and frameworks that led to the development of broadband networks. When those networks became bidirectional and enabled companies to collect consumer data, he advised those companies on their data privacy and consumer protection obligations. Today, as new technologies such as Artificial Intelligence (AI) are being used to enhance the applications and services offered by such companies, he advises them on associated legal and regulatory obligations and risks. It is this varied background – which tracks the evolution of the technology industry – that enables Yaron to provide clients with a holistic, 360-degree view of technology policy, regulation, compliance, and enforcement.

Yaron represents clients before federal regulatory agencies—including the Federal Communications Commission (FCC), the Federal Trade Commission (FTC), and the Department of Commerce (DOC)—and the U.S. Congress in connection with a range of issues under the Communications Act, the Federal Trade Commission Act, and similar statutes. He also represents clients on state regulatory and enforcement matters, including those that pertain to telecommunications, data privacy, and consumer protection regulation. His deep experience in each of these areas enables him to advise clients on a wide range of technology regulations and key business issues in which these areas intersect.

With respect to technology and telecommunications matters, Yaron advises clients on a broad range of business, policy and consumer-facing issues, including:

  • Artificial Intelligence and the Internet of Things;
  • Broadband deployment and regulation;
  • IP-enabled applications, services and content;
  • Section 230 and digital safety considerations;
  • Equipment and device authorization procedures;
  • The Communications Assistance for Law Enforcement Act (CALEA);
  • Customer Proprietary Network Information (CPNI) requirements;
  • The Cable Privacy Act
  • Net Neutrality; and
  • Local competition, universal service, and intercarrier compensation.

Yaron also has extensive experience in structuring transactions and securing regulatory approvals at both the federal and state levels for mergers, asset acquisitions and similar transactions involving large and small FCC and state communication licensees.

With respect to privacy and consumer protection matters, Yaron advises clients on a range of business, strategic, policy and compliance issues, including those that pertain to:

  • The FTC Act and related agency guidance and regulations;
  • State privacy laws, such as the California Consumer Privacy Act (CCPA) and California Privacy Rights Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Virginia Consumer Data Protection Act, and the Utah Consumer Privacy Act;
  • The Electronic Communications Privacy Act (ECPA);
  • Location-based services that use WiFi, beacons or similar technologies;
  • Digital advertising practices, including native advertising and endorsements and testimonials; and
  • The application of federal and state telemarketing, commercial fax, and other consumer protection laws, such as the Telephone Consumer Protection Act (TCPA), to voice, text, and video transmissions.

Yaron also has experience advising companies on congressional, FCC, FTC and state attorney general investigations into various consumer protection and communications matters, including those pertaining to social media influencers, digital disclosures, product discontinuance, and advertising claims.

Photo of Andrew Longhi Andrew Longhi

Andrew Longhi advises national and multinational companies across industries on a wide range of regulatory, compliance, and enforcement matters involving data privacy, telecommunications, and emerging technologies.

Andrew’s practice focuses on advising clients on how to navigate the rapidly evolving legal landscape of state…

Andrew Longhi advises national and multinational companies across industries on a wide range of regulatory, compliance, and enforcement matters involving data privacy, telecommunications, and emerging technologies.

Andrew’s practice focuses on advising clients on how to navigate the rapidly evolving legal landscape of state, federal, and international data protection laws. He proactively counsels clients on the substantive requirements introduced by new laws and shifting enforcement priorities. In particular, Andrew routinely supports clients in their efforts to launch new products and services that implicate the laws governing the use of data, connected devices, biometrics, and telephone and email marketing.

Andrew assesses privacy and cybersecurity risk as a part of diligence in complex corporate transactions where personal data is a key asset or data processing issues are otherwise material. He also provides guidance on generative AI issues, including privacy, Section 230, age-gating, product liability, and litigation risk, and has drafted standards and guidelines for large-language machine-learning models to follow. Andrew focuses on providing risk-based guidance that can keep pace with evolving legal frameworks.

Photo of Jorge Ortiz Jorge Ortiz

Jorge Ortiz is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity and the Technology and Communications Regulation Practice Groups.

Jorge advises clients on a broad range of privacy and cybersecurity issues, including topics related to…

Jorge Ortiz is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity and the Technology and Communications Regulation Practice Groups.

Jorge advises clients on a broad range of privacy and cybersecurity issues, including topics related to privacy policies and compliance obligations under U.S. state privacy regulations like the California Consumer Privacy Act.