These are good examples of the kinds of actions executive agencies can take to move the AI Bill of Rights principles into practice. Secretary of Health and Human Services Xavier Becerra announced an industry-wide survey of algorithms used in health care. Secretary of Education Miguel Cardona revealed upcoming efforts to publish guidance on the use of education technology such as automated proctoring systems, which place students under constant surveillance and have led to false accusations of cheating. The blueprint even states that certain tools should not be used at all if testing indicates they are unsafe or ineffective, and that “ontinuous surveillance and monitoring should not be used in education, work, housing, or in other contexts where the use of such surveillance technologies is likely to limit rights, opportunities, or access.” The White House can support legislation, direct agency action, and lead by example by implementing these principles when AI tools are used by government actors.Īt the launch event, two cabinet members announced specific new initiatives that align with the blueprint.
These include data minimization, which stands for the simple principle that entities should only collect the data necessary to perform a function an individual has requested, as well as a requirement to conduct independent testing to evaluate effectiveness and possible discriminatory impacts of algorithms. The blueprint provides clear endorsement of several key protections that are in pending legislation but not yet enacted at the federal level. But the White House and other agencies can work with OSTP in the “whole of government” to make policy changes based on principles laid out in the AI Bill of Rights. Both are right: The Office of Science and Technology Policy serves as an adviser to the president, so by setting out a strong set of principles, they are doing the most they can within their authority. Some have praised the blueprint laid out by OSTP, while others lament that it is toothless without laws or sufficient action.
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The major principles set out in the AI Bill of Rights are that AI systems must be safe, be effective, be free of discrimination, respect data privacy, make their use known, and have an extensive structure of human oversight.
The Biden Administration should lead by example. The White House Office of Science and Technology Policy last week released a “Blueprint” for an “AI Bill of Rights.” While the principles set out in the blueprint do not have the force of law, there are several actions the White House can take to put them into practice within the federal government while simultaneously pushing for new legal protections. Caitriona Fitzgerald is EPIC’s deputy director and Ben Winters is EPIC counsel.
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