The White House Office of Science and Technology Policy (OSTP) released its Blueprint for an AI Bill of Rights and, thankfully, it doesn’t give AI any rights. This (nonbinding) document is meant to provide a best-practice guide for AI system designers and frames those systems’ use as a civil rights issue. The OSTP focused on consumer AI interactions, excluding many internal business AI applications.

The blueprint outlines five principles, along with detailed descriptions of problematic AI uses to illustrate these points:

(1) Safe and Effective Systems: focusing on systems with intentional or foreseeable harmful effects

(2) Algorithmic Discrimination Protections: focusing on intentional or unintentional discrimination between groups from AI systems

(3) Data Privacy: focusing on consumer choice and control over their personal data

(4) Notice and Explanation: focusing on clear, timely and accessible disclosures to consumers

(5) Human Alternatives, Consideration & Fallback: focusing on the consumer’s right to opt-out of AI data processing

The White House also announced that several agencies will implement related actions and guidance regarding their AI systems, including new procurement policies. Overall, this document is a welcome (even if ultimately toothless) attempt to set AI industry standards that value ethics and human dignity. This white paper is only the beginning of a legislative trend toward more regulation and restrictions on the use of AI and the ethical considerations when using such technology.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.