It remains uncertain exactly what steps the new administration will take under the leadership of President-elect Donald Trump, Boston CIO Santiago Garces said. Theleader in civic AI hopes to see the implementation of a federal AI strategy focused on the people it will impact, with an emphasis on American workers.
“I hope whatever they end up doing in the new administration aligns with making government work better for people,” Garces said.
WHAT DID BIDEN'S EO DO?
As Garces explained, civil liberties are an area where Biden’s EO had a significant impact. It acknowledges there are marginalized populations that are disproportionately impacted by technologies. But Garces said he expects equity — which he argued should be at the forefront of AI policy — may be discounted by the incoming administration.
One example of AI’s disproportionate impact on marginalized populations is in the disability community. The EO spurred a collaboration between the federal government and external partners — including the U.S. Access Board, the Center for Democracy and Technology, and the American Association of People with Disabilities — to advance AI development with consideration for people with disabilities. According to a written statement from Board staff, this partnership is expected to continue until May 2027. The Board’s own AI-focused engagement with the disability community, AI practitioners, and federal agencies is expected to continue indefinitely.
Zaki Barzinji, a senior director for Aspen Digital, predicts that where the EO and AI Bill of Rights had clear language to mitigate discrimination and bias, the new administration will emphasize this area less in its strategy. Biden’s EO acknowledged AI’s environmental impacts, Barzinji added, noting it is not clear whether this will be a focus for the new administration.
The senior director said he expects one area of the EO will remain a priority for the incoming administration: the focus on upskilling and reskilling the workforce for AI.
“I think there’s a bipartisan concern around ensuring that we have a workforce that’s future proof and ready to take on those changes in industry,” Barzinji said.
Other stakeholders have different opinions about how effective the EO has been. For example, Aaron Poynton, chair of the board of directors for the American Society for AI, said the EO has not had a significant impact, positing that it offered more of a general philosophy, lacking specificity and “teeth.”
Garces acknowledged the current EO is not perfect, especially in a time when major investments are being made into AI development, but said it is a “great starting point.”
HOW MIGHT REVOKING THE EO IMPACT BUSINESS?
The private sector expects to work with the new administration on advancing responsible AI use, both through policy and partnership.
For example, the new administration is expected to seek private-sector input on AI, a common practice, Cloudera Government Solutions President Rob Carey said in a written statement. Lyssn CEO and co-founder David Atkins said in a written statement that he expects his company to continue working with government partners and to advocate for bipartisan policies that balance transparency and innovation.
IBM has experience with political changes, Susan Wedge, managing partner, U.S. public and federal market at IBM Consulting, explained in a written statement; the company has worked with Democratic and Republican leadership to shape policies that help advance communities and technology.
“We focus on policy, not politics, and that’s not going to change,” Wedge said.
Poynton indicated he believes deregulation will be a catalyst for innovation, arguing that governments should look for ways to support the private sector through partnership, feedback, and pilot programs.
He pointed to stakeholder pressure as one way to mitigate risk in a deregulated landscape.
The board chair acknowledged that, as states have implemented their own regulations, it has created a fragmented regulatory environment, which he argued has been a factor for companies leaving California for states with fewer legislative obligations. He predicted the states that establish their own principles and incentives to attract AI companies will be leaders in this area.
Naz Scott, general counsel at the AI-based technology company HireVue, cautioned that a lack of federal framework may increasingly split the regulatory landscape as states work to address risks independently.
“While deregulation could spur innovation by reducing red tape, clearer regulations can actually foster innovation by providing a stable and predictable environment for investment,” Scott said in a written statement, underlining that cohesive oversight can help level opportunities for smaller players.
Some experts, like Tara Wisniewski, executive vice president of advocacy, global markets and member engagement at ISC2, expect that if the 2023 EO is revoked, the new administration will replace it with something else. The first Trump administration recognized the importance of AI, she said, and she expects a similar prioritization this time. However, she noted that ISC2 members across sectors are actively seeking further guidance on appropriate AI use.
Seekr Director of Business Development Mark Fedeli said he believes a new EO that is less broad than the current one and is focused on AI as pertaining to cybersecurity and supply chain risks — which impact all levels of government — is likely to receive bipartisan support.
Franklin Orellana, chair of the data science program at Post University, said governments at the state and local levels may delay AI implementations until federal priorities are clearly established. Educational institutions could take steps like investing in research, Orellana said in a written statement, to compensate for lost federal guidance.
Many government officials declined to speak on this matter, which Orellana attributed to “political considerations.” “The uncertainty around the policy changes in AI makes it difficult for officials to comment definitively,” he said.
Still, government officials appear to be prepared for whatever changes may come.
“It is too early to know what direction the new administration intends to take on AI innovation,” San Jose CIO Khaled Tawfik — whose team leads the GovAI Coalition’s work — told Government Technology in a written statement. Tawfik said the city looks forward to learning more about the Trump administration’s perspective.
And without commenting specifically on what the new administration might do, Washington, D.C., CTO Stephen Miller told Government Technology in a written statement that its values will continue to guide the district’s use of technology, including AI, under new presidential leadership.
