BizTech Law Blog

The now-revoked executive order was originally issued on October 30, 2023 and aimed to promote the safe, trustworthy, and transparent development and use of AI within the United States. Former President Biden emphasized “eight guiding principles and priorities” that have been taken into consideration by various industries utilizing AI across the nation since its issuance in 2023. These eight principles and priorities included the following:

• Safety and security;
• Responsible innovation, competition, & collaboration;
• Development supporting a commitment to American workers;
• Advancement of equity and civil rights;
• Protection of the interests of Americans using AI in their daily lives;
• Privacy and civil liberties;
• Risk management from the federal government’s own use of AI, including an increased capacity to regulate and govern the responsible use of the technology; and
• Encouragement for the federal government to lead societal, economic, and technological progress related to AI.

After revoking the Biden administration’s AI executive order, President Trump issued one of his own on January 23, 2025 titled Removing Barriers to American Leadership in Artificial Intelligence (the “AI Executive Order”). A link to the new AI Executive Order is available here: Removing Barriers to American Leadership in Artificial Intelligence – The White House.

The purposes of the AI Executive Order are to “develop AI systems that are free from ideological bias or engineered social agendas” and “solidify [the United States’] position as the global leader in AI”, according to the Trump administration.

New roles have been assigned to new advisors under President Trump to accomplish this goal, including the Assistant to the President for Science and Technology, the Special Advisor for AI and Crypto, and the Assistant to the President for National Security Affairs, among others. Pursuant to the AI Executive Order, these advisors, departments, and agencies must develop and submit to President Trump by July 22, 2025 an action plan to achieve “America’s global AI dominance”.

In addition to rescinding former President Biden’s executive order, President Trump’s AI Executive Order explicitly states it revokes certain existing AI policies and directives that may act as obstacles to the United States’ innovation in this space. This likely includes the Office of Management and Budget’s memoranda, M-24-10 (Advancing Governing, Innovation, and Risk Management for Agency Use of Artificial Intelligence, March 28, 2024) and M-24-18 (Advancing the Responsible Acquisition of Artificial Intelligence in Government, September 24, 2024). Both memorandums, originally developed and published under the Biden administration, are called out specifically in the AI Executive Order as items to be amended by March 24, 2025 to comply with the new AI Executive Order.

Here at Foster Swift, we are committed to staying up-to-date about the evolving technological space surrounding AI. If you have any questions about the current legal landscape related to data privacy, technology, and AI, please feel free to contact an attorney in Foster Swift’s Business, Technology, Intellectual Property, or Litigation practice groups for more information.