The United States (US) has been taking significant steps to regulate AI at federal and State level. The most of the initiatives governing AI in US have been enacted in past few years and are presented either as standalone legislation or as a directive focusing on governing use of AI in a specific area. Altogether, in the 117th Congress, at least 75 bills were introduced that focused on either AI and machine learning or related provisions. Six of those were enacted. The 118th Congress, as of June 2023, had introduced at least 40 AI-relevant bills, none of which has been enacted. Altogether, since 2015 nine bills have been passed. In November 2023, as many as 33 legislative pieces were still pending for consideration by US lawmakers. At state level, Stanford University reports that, between 2016 and 2022, 14 states passed legislation, the leader being Maryland with seven AI-related bills, followed by California with six, and Massachusetts and Washington with five. Following are the key legislations and regulatory initiatives undertaken in USA by various government organisations at federal and state level.
In year 2018 – US Department of Transportation adopted a framework titled – Preparing for the Future of Transportation: Automated Vehicles 3.0 (AV 3.0). This framework is based upon Automated Driving Systems 2.0: A Vision for Safety (ADS 2.0). AV 3.0 expands the scope to all surface on-road transportation systems, and was developed through the input from a diverse set of stakeholder engagements, throughout the Nation. AV 3.0 is structured around three key areas:, Advancing multi-modal safety, Reducing policy uncertainty, and Outlining a process for working with U.S. U.S. Department of Transportation.
In same year, US Department of Defence released its AI Strategy focuses on accelerating AI adoption. It emphasizes delivering AI-enabled capabilities, cultivating a leading AI workforce, engaging with partners, and leading in military ethics and AI safety.
US President in year 2019 passed an Executive Order – Maintaining American Leadership in Artificial Intelligence (AI). The primary goal of this executive order, signed on February 11, 2019, is to sustain and enhance the U.S.’s scientific, technological, and economic leadership position in AI research and development (R&D) and deployment.
Pursuant to the Executive Order on AI, the Office of Management and Budget (OMB) Director issued Memorandum to Heads of Agencies on Regulatory and Non-Regulatory Approaches to AI. This memorandum informs the development of regulatory and non-regulatory approaches regarding technologies and industrial sectors empowered or enabled by AI. The objective behind the memorandum was to reduce barriers to AI technology use while protecting civil liberties, privacy, and national security.
In October 2019, The Defense Innovation Board (DIB) proposed a set of AI Ethics Principles for the Department of Defense (DoD). These principles guide the responsible design, development, and deployment of AI systems for both combat and non-combat purposes.
In January 2020, Illinois a state in USA adopted- Illinois Artificial Intelligence Video Interview Act. This state law regulates employers’ use of facial recognition technology during employment interviews. It requires employers to obtain consent from applicants before using facial recognition for video interviews and limits its application to specific purposes.
The U.S. Patent and Trademark Office (USPTO) released a report titled “Public Views on Artificial Intelligence and Intellectual Property Policy” on October 6, 2020. This report provides valuable insights into the intersection of artificial intelligence (AI) and intellectual property (IP) across various domains, including patents, trademarks, copyrights, trade secrets, and database protection. The report gave insight on n how existing IP laws in USA should adapt to address the challenges posed by AI technologies.
In December 2020 , US President passed another Executive order – Promoting the Use of Trustworthy Artificial Intelligence in the Federal Government . This order, aims to harness AI’s potential for improving government operations, processes, and services while fostering public trust. Through this order Agencies were encouraged to use AI appropriately to benefit the American people and it was ensured that AI adoption must consider privacy, civil rights, civil liberties, and American values.
Further on 12 December, 2020 – National AI Initiative Act of 2020 was introduced in the congress. The bill calls for Creation of the National Artificial Intelligence Initiative Office and establishment of the National Artificial Intelligence Advisory Committee (NAIAC) to advice on AI matters. In January 2021, the White House established the National AI Initiative Office to implement a national AI strategy
In 2021, U.S. Equal Employment Opportunity Commission (EEOC) Chair Charlotte A. Burrows launched an agency-wide initiative – Artificial Intelligence and Algorithmic Fairness Initiative to ensure that the use of software, including artificial intelligence (AI), machine learning, and other emerging technologies used in hiring and other employment decisions comply with the federal civil rights laws that the EEOC enforces.
In response to stakeholder feedback, the FDA launched AI/ML-Based Software as a Medical Device Action Plan in year 2021. The action plan tends to regulate AI/ML-based medical software. It ensures compliance with anti-discrimination laws. The objective of plan is to guide the use of AI/ML in medical devices while protecting civil rights.
The Automated Employment Decision Tool (AEDT) Law in New York City, enacted in 2021, regulates the use of AI tools by employers and employment agencies. It requires that AEDTs undergo bias audits and mandates that employers notify job candidates when such tools are used for employment decisions. The objective of this initiative is to ensure fairness, transparency, and accountability in AI-driven employment decisions
In January, 2023 the White House Office of Science and Technology Policy published its Blueprint for an AI Bill of Rights. Bill of Rights provides for set of five principles and associated practices designed to guide the design, use, and deployment of automated systems in ways that protect the rights of the American public in the age of artificial intelligence (AI) 1. These principles aim to address the challenges posed by technology, data, and automated systems that can threaten civil rights, privacy, and democratic values.
In July 2023 – U.S. Secretary of Commerce announced the establishment NIST Public Working Group on Generative AI. The objective behind establishing this group was to address the opportunities and challenges associated with AI models that can generate content, such as code, text, images, videos and music. The public working group also supports NIST to develop key guidance to help organizations address the special risks associated with generative AI technologies.
In October 2023, US President passed another executive order titled – Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. This order emphasizes responsible AI development and deployment. It balances AI’s promise with managing risks related to fraud, discrimination, and national security. The order calls for development and use of AI in accordance with eight guiding principles and priorities identified under the order itself.
In May 2024 , Governor of Maryland (State in USA) approved Maryland Facial Recognition Law . Maryland’s legislation imposes stringent regulations on law enforcement agencies using facial recognition technology. It limits its use to specific investigations, protects privacy during criminal proceedings, and ensures transparency a