Summary:
Les décrets exécutifs de l’administration Trump marquent un changement significatif dans la réglementation de l’intelligence artificielle (IA) aux États-Unis. En révoquant les politiques de l’administration Biden, ils se concentrent sur la réduction des obstacles réglementaires pour favoriser l’innovation en IA et renforcer la domination américaine dans ce domaine. Ce repositionnement législatif vise à établir un cadre qui privilégie le développement de l’IA au détriment de la gestion des risques, tout en maintenant des investissements dans l’infrastructure liée à l’IA.
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Since returning to office, President Trump quickly issued two executive orders that mark a significant shift in the federal government’s approach to artificial intelligence regulation and oversight. These orders move away from the previous administration’s focus on safety and security, instead prioritizing the reduction of regulatory barriers to accelerate AI development and strengthen U.S. leadership in this field.
The Trump AI EOs revoke President Biden’s landmark directive – Executive Order 14110, Safe, Secure, and Trustworthy Artificial Intelligence – and instruct agency heads to identify and roll back Biden-era policies, directives, and actions that conflict with the Trump administration’s new AI strategy of accelerating development.
EXECUTIVE ORDER ON INITIAL RESCISSIONS OF HARMFUL EXECUTIVE ORDERS AND ACTIONS
On his first day in office, President Trump signed Executive Order 14148, Initial Recissions of Harmful Executive Orders and Actions, which revokes numerous Biden administration executive orders and actions, including the Biden AI EO. The order also directs the Director of the Domestic Policy Council and the Director of the National Economic Council to submit within 45 days a list of additional Biden administration orders, memoranda, and proclamations recommended for rescission.
EXECUTIVE ORDER ON REMOVING BARRIERS TO AMERICAN LEADERSHIP IN ARTIFICIAL INTELLIGENCE
On January 23, 2025, President Trump signed Executive Order 14179, Removing Barriers to American Leadership in Artificial Intelligence, which aims to roll back Biden-era AI policies and establish a new framework for U.S. AI leadership. This EO declares that U.S. policy is to “sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security.” Its stated purpose is to “revoke certain existing AI policies and directives that act as barriers to American AI innovation, clearing a path for the United States to act decisively to retain global leadership in artificial intelligence.”
The Trump AI EO establishes two key directives to implement its policy objectives:
1. **Suspend, Revise, or Rescind Biden-Era Policies:** Building on the Trump Recission EO, the Trump AI EO mandates a comprehensive review of Biden administration AI policies. Three senior officials—the Assistant to the President for Science and Technology, the Special Adviser for AI and Crypto, and the Assistant to the President for National Security Affairs—must assess, in coordination with the relevant agency heads, all actions taken under the Biden AI EO that are deemed “inconsistent with, or present obstacles to” the new administration’s AI policy. Agency heads are then directed to suspend, revise or rescind such actions or recommend appropriate modifications.
2. **Develop a Trump Administration AI Action Plan**: The Trump AI EO further requires the APST, the Special Advisor for AI and Crypto, and the APNSA to develop and submit an AI Action Plan within 180 days that aims at defining priority policy actions to maintain AI leadership while minimizing regulatory hurdles. Some federal agencies have already started taking steps to fulfill this directive.
KEY TAKEAWAYS
Early actions by the Trump administration signal notable shifts in AI policy and regulation:
1. **Shift in AI Policy Priorities**: The Trump AI EOs represent a rollback of Biden-era AI policies but not complete deregulation of the sector. Instead, they suggest a shift in priorities, emphasizing AI innovation and global dominance by the U.S. over risk management.
2. **Review of Remaining Biden-Era AI Executive Orders**: The Biden AI EO may not be the only Biden-era AI executive order that comes under scrutiny.
3. **Reduced Federal Compliance Burdens**: The Trump administration’s focus on removing regulatory barriers suggests a shift away from Biden-era risk management protocols, potentially easing compliance burdens for AI developers.
4. **Continued or Increased State Regulation:** State-level AI regulation is likely to continue or expand.
5. **Congressional Outlook**: Congress has shown sustained interest in AI policy, with a Republican-controlled government likely supporting the Trump AI EO’s deregulatory approach.
6. **No Change to China Export Controls**: The Trump administration eases AI regulations domestically, but has not relaxed AI-related export restrictions, particularly on semiconductor technology.
7. **Tension Between U.S. and Global AI Regulations**: Companies operating globally are likely to face increased friction between U.S. and international AI regulations.
8. **Infrastructure Investments Remain a Priority**: Despite the noted policy shifts, federal AI infrastructure investments remain intact, creating opportunities for companies engaged in AI research, development, and deployment.
LOOKING AHEAD
As the Trump administration continues to reshape AI policy, we anticipate further actions from the executive branch, Congress, and state governments and regulators. It is crucial for companies to stay abreast of evolving policies and develop a global framework for managing regulatory risks.