The tough and demanding election period has finally ended, and Donald Trump has been elected as the 47th president of the United States. With the Republican Party also having control over the Senate and possibly the House of Representatives, Trump’s supporters are ready to make significant changes in the government.
One of the areas that will feel the impact of this election outcome is the artificial intelligence (AI) industry. Many people in this field have been critical of the existing federal regulations and policies. Trump has made it clear that he plans to get rid of the AI policies that President Biden put in place right from the start of his presidency. He has also partnered with influential figures who have been very critical of strict regulations, preferring a more relaxed approach to overseeing the AI industry.
Biden’s Method
In October 2023, President Biden put into action a new policy on artificial intelligence (AI) through an executive order called the AI Executive Order. This move happened because Congress hadn’t passed any laws to regulate AI, which made it necessary for the President to step in. However, it’s important to note that the rules outlined in this executive order are voluntary, meaning companies can choose to follow them but aren’t legally required to do so.
The AI Executive Order covers a wide range of topics, including how AI can be used to improve healthcare and guidelines to help reduce the risk of intellectual property theft. However, two specific parts of this order have drawn significant criticism, particularly from some Republican lawmakers. These parts deal with the safety of AI systems and their potential risks.
One key requirement is that companies working on powerful AI models must inform the government about how they are training and securing these models. They also need to share the results of tests that look for any weaknesses in their models. The second important provision tells the National Institute of Standards and Technology (NIST), part of the Commerce Department, to create guidelines that help companies find and fix any problems in their AI models, including any biases that might exist.
The executive order has led to several achievements. For instance, the Commerce Department created the U.S. AI Safety Institute, which focuses on studying the risks associated with AI systems, including those used for defense. They also launched new software aimed at increasing the reliability of AI and initiated testing of major new AI systems in collaboration with companies like OpenAI and Anthropic.
However, some critics, particularly those aligned with former President Trump, claim that the reporting requirements included in the Executive Order are burdensome and force companies to reveal their confidential business information. For example, during a congressional hearing in March, Representative Nancy Mace expressed concerns that these requirements could deter new innovators and hinder the kind of breakthroughs we’ve seen with AI technologies like ChatGPT.
The concerns regarding the executive order also include claims that it might be an example of the President using too much power. Some Republican members of Congress argue that it takes too much authority and uses an old law from the 1950s — the Defense Production Act — to enforce these requirements, suggesting that this constitutes overreach.
At a Senate hearing in July, JD Vance, Trump’s running mate, voiced worries that this early and strict regulation could benefit already established tech companies, making it harder for new competitors to emerge. Vance has supported antitrust investigations related to how big tech companies acquire smaller AI startups.
Additionally, some Republicans fear that NIST’s efforts on AI could lead to censorship of conservative viewpoints. They argue that the Biden administration is trying to influence how AI develops based on their views about misinformation and bias. For instance, Senator Ted Cruz criticized NIST’s guidelines as part of a broader liberal agenda to control speech and regulate what they view as vague social harms.
In a rally in Cedar Rapids, Iowa, last December, Trump promised that if re-elected, he would cancel Biden’s AI executive order and prohibit the use of AI to censor Americans’ freedom of speech from day one of his presidency.
Replacing The AI Executive Officer
What might take the place of President Biden’s executive order (EO) on artificial intelligence (AI)?
When we look back at what former President Trump did during his last term regarding AI, we don’t find much that gives clear guidance about what he might do next. He signed a series of executive orders that established national research centers focused on AI and instructed government agencies to prioritize research and development in this area. His orders also insisted that these agencies make sure to safeguard civil liberties, respect privacy, and uphold American values when using AI. Additionally, he aimed to assist workers in acquiring skills related to AI and encourage the adoption of technologies that people can trust.
During his 2020 campaign, Trump promised to create policies that would foster AI development while also supporting free speech and the overall well-being of people. However, he didn’t provide many details about how he would achieve this.
Read Also: Google Is Opening An AI Center In Oil-Rich Saudi Arabia
Some members of the Republican Party are suggesting that the National Institute of Standards and Technology (NIST) should specifically focus on the physical safety issues related to AI, such as its potential use in creating biological weapons (which is also something Biden’s executive order addresses). Nevertheless, they have been hesitant to support any new regulations on AI, fearing that doing so might disrupt some of NIST’s existing recommendations.
The future of the AI Sustainability Initiative (AISI), which operates under NIST, is uncertain. While it is funded, has a director, and collaborates with AI research organizations globally, it could be shut down if Biden’s executive order is simply overturned.
In October, a group of businesses, non-profits, and universities wrote an open letter urging Congress to create legislation that would officially establish the AISI before the year ends.
Trump has expressed that he considers AI to be “very dangerous” and understands that developing and running AI systems will require a lot of energy, indicating he is aware of the increasing dangers posed by AI.
Despite this awareness, Sarah Kreps, a political scientist who studies U.S. defense policies, believes that significant new regulations on AI are unlikely to come from the White House in the next four years. She mentioned to TechCrunch that she doesn’t believe Trump will be strongly opposed to the Biden executive order to the extent that he would choose to repeal it.
Trade And State Regulations
Dean Ball, A Research Fellow At George Mason University, Believes Trump’s Victory May Lead To Lighter Regulations, Using Existing Laws Instead Of New Ones. However, He Thinks This Could Encourage States, Especially Democratic Ones Like California, To Step In.
State Actions Are Already In Motion. In March, Tennessee Passed A Law Protecting Voice Artists From AI Cloning. This Summer, Colorado Implemented A Risk-Based Approach To AI Usage. In September, California Governor Gavin Newsom Signed Many AI Safety Bills Requiring Companies To Share AI Training Details.
Nearly 700 AI Laws Have Been Proposed By State Policymakers This Year.
“How The Federal Government Will React Is Uncertain,” Ball Said.
Hamid Ekbia, A Syracuse University Professor, Thinks Trump’s Protectionist Policies Might Affect AI Regulations. He Expects Stricter Export Controls On China, Particularly On AI Technology.
The Biden Administration Has Already Banned Certain AI Chips And Models From Being Exported. However, Some Chinese Companies Are Finding Loopholes Through Cloud Services.
“The Global Regulation Of AI Will Suffer From New Controls, Even Though We Need More Global Cooperation,” Ekbia Said. “This Could Lead To More Authoritarian Uses Of AI Worldwide.”
If Trump Imposes Tariffs On Tech Needed For AI Development, It Could Limit Funding For AI Research, Says Matt Mittelsteadt, Another Research Fellow At George Mason University. Trump Previously Suggested A 10% Tariff On All U.S. Imports And 60% On Chinese Goods.
“The Major Impact May Come From Trade Policies,” Mittelsteadt Said. “Expect Any Tariffs To Have A Huge Economic Effect On The AI Sector.”
It’s Still Early. While Trump Didn’t Focus Much On AI During His Campaign, His Policies, Like Limiting H-1B Visas And Supporting Oil And Gas, Could Affect The AI Industry Later.
Sandra Wachter, A Data Ethics Professor At The Oxford Internet Institute, Urged Regulators To Recognize The Risks Of AI Alongside Its Opportunities.
“These Risks Exist Regardless Of Political Views,” She Said. “These Issues Affect Everyone. I Hope AI Governance Stays Above Party Politics — It’s A Global Challenge That Requires Collective Solutions.”
