Digital White Papers

I L T A W H I T E P A P E R | I N F O R M A T I O N G O V E R N E N C E 32 up the mantle launching artificial intelligence practice groups in rapid succession. Finally, in May the Senate introduced the Artificial Intelligence Initiative Act, which includes provisions for establishing a National AI Coordination Office to orchestrate federal AI efforts; asking the National Institute of Standards and Technologies to establish standards for testing AI algorithms and their effectiveness; getting the National Science Foundation to set "educational goals" for things like data bias, privacy, accountability and more; and requiring the Department of Ener to build an AI research program for government and academia. But, there is no mention of an agency establishing a liability framework. Thus far, the White House has seemed less than thrilled with the congressional involvement in devising a national AI strate citing their own initiatives. The Department of Defense, typically ahead of the tech game, began fortifying its AI strate in 2018 with the National Security Commission on Artificial Intelligence, which was made official with President Trump's signing of the 2019 National Defense Authorization Act (NDAA). The Commission includes 15 members selected by different government officials and is tasked with the assessment of the national security implications of AI including the ethical considerations of AI in defense. The Department of Defense additionally established a Joint AI Center (JAIC) in 2018 to improve collaboration with the private sector, academia, and military allies and to establish an ethical framework for AI in defense. And, on February 11, 2019, President Trump issued an Executive Order launching the American AI Initiative to facilitate research and development but also to invest in, "promoting trust, training people for a changing workforce, and protecting national interests, security, and values." The Executive Order calls on the National Science and Technolo Council (NSTC) Select Committee on Artificial Intelligence to coordinate the initiative. The Executive Order also stipulates that all executive departments and agencies that are developing or deploying AI, providing educational grants, or regulating or guiding AI are, "tasked with developing regulatory and non- regulatory approaches to guide AI development and use, following the release of a memorandum expected 180 days following the Order." This memo was to be released by the Director of the Office of Management and Budget, Mick Mulvaney, this summer and if published, has not been publicized. The White House's Office of Science and Technolo Policy released an updated National AI R&D Strategic Plan in June, which advocated for the creation of new AI standards and benchmarks. Lynne Parker, the assistant director for artificial intelligence for the Office of Science and Technolo Policy waffled prior to its release saying that "All AI is not the same, and so we don't want to have a big overarching umbrella that says we treat all AI the same. There are many people who call for AI to be explainable, for instance, but maybe not every use of AI has to be as transparent as every other use." Meanwhile, the National Institute of Standards and Technolo (NIST), issued a Request for Information (RFI) to gather information about federal engagement in the development of technical standards and related tools for AI; the deadline for submissions was June 10, 2019. Despite the lack of substantial progress or follow through, just this month, the Networking and Information Technolo and Development Program (NITRD) released a supplement to the President's 2020 fiscal budget, which provided the first agency- by-agency budget breakdown for non-defense AI R&D showcasing a total budget of nearly $1 billion for the year. Focus on the Manufacturer With such an ardent commitment to the development and implementation of AI, the judicial system has been playing catchup to assert legal liability. For the most part, there have been cases in which the manufacturer of robots has been sued for personal injury or workers' compensation claims and product liability. Such as In Payne v. ABB Flexible Automation, Inc., where Michael Payne's estate sued the manufacturer of the robot (ABB) that allegedly killed him while on the job, asserting strict liability and negligence. The District Court granted summary judgment to ABB, concluding that the plaintiff's request for admission did not create "a triable issue of fact as to whether the robot was negligently or defectively designed." The Eighth Circuit, in an unpublished opinion, affirmed the grant of summary judgment to ABB. In support of the motion, T H E S T A T E V S . A I

• Cover