WASHINGTON—The Subcommittee on Cybersecurity, Information Technology, and Government Innovation held a hearing titled, “White House Overreach on AI.” Subcommittee members discussed how the Biden Administration’s executive order (EO) on AI will hamstring U.S. innovation and leadership. Subcommittee members highlighted provisions in the EO that lack statutory authority, undermine the role of Congress, and establish heavy-handed industry controls.  

Key Takeaways:

President Biden’s EO on artificial intelligence is a clear example of executive overreach and threatens to hinder American leadership in AI development...

Member Highlights:

Subcommittee on Cybersecurity, Information Technology, and Government Innovation Chairwoman Nancy Mace (R-S.C.) discussed the harmful reporting requirements in Biden’s EO and the consequences they would have.

Rep. Mace: “My first question is the Commerce Department could not protect Secretary Raimondo’s own email account from being hacked last year. Yet, this EO requires firms to share with the agency on a daily basis the crown jewel secrets of the most powerful AI systems on earth. First question, can we trust Commerce to ensure this highly sensitive data doesn’t fall into the hands of China or another foreign adversary?”

Mr. Thierer: “No…”

Rep. Mace: “Should AI model developers have to give the government all of their test results and test data, even those concerning politics and religion?

Mr. Thierer: “No…”

Rep. Tim Burchett (R-Tenn.) discussed the inappropriate use of the Defense Production Act to regulate private industry.

Rep. Burchett: “Do you think using the Defense Production Act (DPA) to regulate artificial intelligence is a bit of an overreach and would Congress be better suited to regulate artificial intelligence.”

Mr. Thierer: “Yes Congressman, I think that’s right. The authority begins here to decide what the Defense Production Act should do and now I think now we are witnessing pretty excessive overreach from the statute.”

See clips of the exchanges here.