The Volokh Conspiracy
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"Evaluating the 'Woke AI' Executive Order"
From Prof. Alan Rozenshtein at Lawfare:
Alongside last month's "AI Action Plan"—a broad strategy for promoting innovation while managing risks—last month the Trump administration also issued several executive orders. One of these, titled "Preventing Woke AI in the Federal Government," directs federal procurement of artificial intelligence (AI). It mandates that any large language model (LLM) purchased by the government adhere to two "Unbiased AI Principles": "truth-seeking" and "ideological neutrality."
The executive order raises three distinct questions that get to the heart of current debates over technology, law, and politics. First, is the order a constitutional exercise of the government's procurement power, or does it violate the First Amendment? Second, regardless of its legality, are the principles it champions good policy for government AI systems? And third, what does the order's strange blend of MAGA rhetoric and technocratic policy reveal about how this administration operates?
The short answer is that the order is likely constitutional, its principles are normatively reasonable (if imperfectly articulated), and its structure shows the compromises necessary when trying to make rational policy under an irrational regime.
Read the whole thing here.
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