On January 23, 2025, President Trump published a decree entitled “Eliminate obstacles to American leadership in artificial intelligence. “The decree aims to maintain American leadership in AI innovation. To this end, the order” reveals certain policies and directives of existing AI which act as obstacles to American innovation of AI “, But does not identify the affected policies and directives. The development of a new AI action plan in the 180 days. “Exempt from ideological biases or technical social agendas”.
Earlier in the week, Trump also signed an executive decree revoining 78 decrees signed by President Biden, including Biden Executive decree on safe, secure and trustworthy artificial intelligencePosted on October 30, 2023. The Biden decree sought to regulate the development, deployment and governance of artificial intelligence in the United States, and the document gave an overview of the types of questions concerning the previous administration (in particular IA security, confidentiality and discrimination). More information on the executive order of Biden can be found here.
In accordance with employers and IA tool developers for employers, the revocation of the Biden decree is largely symbolic, because it did not directly impose requirements to employers who use AI. Instead, he ordered federal agencies to prepare reports or publish non -binding advice on subjects such as:
- “The effects of the AI labor market”, “
- “The capacities of agencies to support workers displaced by AI adoptions and other technological progress” and
- “Principles and best practices for employers” to “mitigate the potential damage of AI to the well-being of employees and maximize its potential advantages”.
The Biden decree had also ordered agencies to provide anti-discrimination directives to federal services and federal entrepreneurs on their use of AI algorithms and to coordinate best practices to investigate and apply civil rights violations related to AI.
Although employers cannot undergo immediate effects from the two new decrees this week, taken together, they provide support for predictions that the new administration would adopt a more practical approach to regulate AI. We will continue to monitor how the legal landscape of AI is evolving under the new administration and continuing to report on the developments of the AI that affect employers.