The reporting requirements are essential for alerting the government to potentially dangerous new capabilities in increasingly powerful AI models, says a US government official who works on AI issues. The official, who requested anonymity to speak freely, points to OpenAIās admission about its latest modelās āinconsistent refusal of requests to synthesize nerve agents.ā
The official says the reporting requirement isnāt overly burdensome. They argue that, unlike AI regulations in the European Union and China, Bidenās EO reflects āa very broad, light-touch approach that continues to foster innovation.ā
Nick Reese, who served as the Department of Homeland Securityās first director of emerging technology from 2019 to 2023, rejects conservative claims that the reporting requirement will jeopardize companiesā intellectual property. And he says it could actually benefit startups by encouraging them to develop āmore computationally efficient,ā less data-heavy AI models that fall under the reporting threshold.
AIās power makes government oversight imperative, says Ami Fields-Meyer, who helped draft Bidenās EO as a White House tech official.
āWeāre talking about companies that say theyāre building the most powerful systems in the history of the world,ā Fields-Meyer says. āThe governmentās first obligation is to protect people. āTrust me, weāve got thisā is not an especially compelling argument.ā
Experts praise NISTās security guidance as a vital resource for building protections into new technology. They note that flawed AI models can produce serious social harms, including rental and lending discrimination and improper loss of government benefits.
Trumpās own first-term AI order required federal AI systems to respect civil rights, something that will require research into social harms.
The AI industry has largely welcomed Bidenās safety agenda. āWhat we’re hearing is that itās broadly useful to have this stuff spelled out,ā the US official says. For new companies with small teams, āit expands the capacity of their folks to address these concerns.ā
Rolling back Bidenās EO would send an alarming signal that āthe US government is going to take a hands off approach to AI safety,ā says Michael Daniel, a former presidential cyber adviser who now leads the Cyber Threat Alliance, an information sharing nonprofit.
As for competition with China, the EOās defenders say safety rules will actually help America prevail by ensuring that US AI models work better than their Chinese rivals and are protected from Beijingās economic espionage.
Two Very Different Paths
If Trump wins the White House next month, expect a sea change in how the government approaches AI safety.
Republicans want to prevent AI harms by applying āexisting tort and statutory lawsā as opposed to enacting broad new restrictions on the technology, Helberg says, and they favor āmuch greater focus on maximizing the opportunity afforded by AI, rather than overly focusing on risk mitigation.ā That would likely spell doom for the reporting requirement and possibly some of the NIST guidance.
The reporting requirement could also face legal challenges now that the Supreme Court has weakened the deference that courts used to give agencies in evaluating their regulations.
And GOP pushback could even jeopardize NISTās voluntary AI testing partnerships with leading companies. āWhat happens to those commitments in a new administration?ā the US official asks.
This polarization around AI has frustrated technologists who worry that Trump will undermine the quest for safer models.
āAlongside the promises of AI are perils,ā says Nicol Turner Lee, the director of the Brookings Institutionās Center for Technology Innovation, āand it is vital that the next president continue to ensure the safety and security of these systems.ā
