AI Governance beyond EO 14110

President Biden’s Executive Order 14110, ‘Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence’, set a comprehensive policy for the US government to address concerns arising from AI technologies aiming to harness them for the public good. Despite its revocation by the current administration, we argue that the work completed under this Executive Order remains highly relevant for AI governance in civil litigation and beyond. Its deliverables – such as the National Institute of Standards and Technology’s Generative Artificial Intelligence Profile – continue to serve as critical resources for courts, law and policymakers, the private sector, and state and local governments. As AI increasingly permeates civil litigation, legal practitioners and courts are turning to these resources to establish evidentiary standards, assess algorithmic accountability, and navigate ethical concerns surrounding AI use. In the absence of federal governance, the revoked Executive Order’s focus on risk management, civil rights, and adaptive oversight may influence state law, judicial reasoning, and corporate self-regulation, indirectly becoming foundational tools for AI’s responsible integration into justice and society.

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