Further Developments On Regulating AI: G7 Leaders Publish Voluntary Code On AI And US Government Issues Executive Order For Establishing AI Standards

On October 30, 2023, the G7 leaders published the International Guiding Principles for Organizations Developing Advanced AI Systems (the Principles) and the International Code of Conduct for Organizations Developing Advanced AI Systems (the Code), which are intended to support organizations when developing and using advanced AI technologies, such as the most advanced foundation models and generative AI systems.

The Principles feature a non-exhaustive list of 11 principles that build on the existing OECD AI Principles with the objective of balancing the benefits and risks associated with AI technologies. The announcement indicates that the Principles should be applied to all AI actors, when and as applicable, including for the design, development, deployment and use of advanced AI systems.

The G7 leaders used the Principles as a basis to build the Code, which provides the following non-exhaustive, voluntary list of actions for organizations developing the most advanced AI systems:

1. Take appropriate measures to identify, evaluate, and mitigate risks across the AI lifecycle.
2. Monitor for vulnerabilities and, where appropriate, misuse after deploying AI systems.
3. Promote transparency by publicly reporting the capabilities, limitations, and domains of appropriate and inappropriate use for advanced AI systems.
4. Engage in responsible information sharing and reporting practices among relevant stakeholders, including governments and other industry organizations.
5. Promote proper organizational mechanisms by developing, implementing, and disclosing AI governance and risk management policies.
6.  Ensure that there are appropriate security controls across the AI lifecycle.
7. Develop and implement, where technically feasible, mechanisms for authenticating content and noting its provenance (e.g., implementing marks for users to identify AI-generated content).
8. Prioritize research and investment in mitigation measures, including mitigating societal, safety, and security risks.
9. Prioritize the development of advanced AI systems to address large global challenges (e.g., the climate crisis, global health, etc.).
10. Contribute to the development of and, where appropriate, implementation of international technical standards.
11. Ensure there are appropriate measures in place for protecting personal data and intellectual property.

On the same day, the US Government announced a landmark Executive Order (the Order) that compliments the above G7 initiatives and establishes new standards to promote secure and trustworthy AI for Americans.  Like the Code, the Order provides a series of actions that address, among other things, the security risks associated with AI, ensuring AI-generated content is appropriately detected, and protecting privacy and intellectual property.  This includes directing the United States Patent and Trademark Office to publish patent guidance addressing inventorship and the use of AI, and, in consultation with the United States Copyright Office, provide recommendations to President Biden on potential executive actions pertaining to copyright and AI.  The full details on the Order can be found here.

Summary By: Imtiaz Karamat