The Trump Administration has taken decisive action to reshape the federal approach to artificial intelligence (AI) policy in the United States. On January 20, 2025, President Trump signed the executive order (EO) titled “Initial Recissions of Harmful Executive Orders and Actions,” which, among other measures, revoked President Biden’s Executive Order 14110 of October 30, 2023 (Biden AI EO).
This move was quickly followed on January 23, 2025, by a second executive order, “Removing Barriers to American Leadership in Artificial Intelligence” (Trump AI EO). Together, these actions signal a significant shift in U.S. AI policy, prioritizing innovation and limiting federal regulation while establishing new enforcement priorities for federal agencies.
Day 1: Out with the Old AI Policy
The Biden Administration’s AI policy emphasized responsible innovation and regulatory oversight, guided by eight principles described in the Biden AI EO:
- Ensuring AI safety and security
- Fostering responsible innovation
- Supporting the workforce
- Advancing equity and civil rights in AI
- Protecting consumer interests
- Defending privacy and civil liberties
- Enhancing federal AI capacity
- Leading global progress in AI
President Trump’s immediate action to revoke the Biden AI EO sent the clear message that his administration will redefine AI policy with the goal of asserting U.S. leadership on the global stage by adopting a more business-friendly and innovation-focused approach.
Day 3: In with the New U.S. AI Policy
The Trump AI EO establishes the U.S. AI policy objective of sustaining and enhancing America’s global AI dominance to promote “human flourishing, economic competitiveness, and national security.” It explicitly calls for the development of AI systems that are “free from ideological bias or engineered social agendas.” Key provisions of the Trump AI EO include:
- Action Plan for AI Leadership: Presidential advisors and relevant federal agencies have 180 days to create a detailed action plan to implement the new U.S. AI policy.
- Review of Agency AI Actions: The Trump AI EO mandates a comprehensive review of federal agency actions taken under the Biden AI EO. Agencies must identify, revise, or rescind any policies, regulations, or directives inconsistent with the Trump Administration’s AI policy objectives.
Implications for Businesses that Develop or Use AI
Federal Impacts: The shift in U.S. AI policy suggests fewer regulatory barriers for businesses developing or deploying AI technologies. However, the dynamic nature of AI and its evolving legal landscape means companies must remain informed and agile in adapting to potential changes.
State Impacts: In the absence of stringent federal regulation, individual states are expected to take the lead in governing AI, particularly regarding consumer-facing applications. For instance, laws like the Colorado AI Act may shape the compliance requirements for businesses operating in specific states.
Steps Businesses Can Take to Prepare
As the Trump Administration’s AI Action Plan takes shape, businesses should:
- Monitor Federal Developments: Stay informed about the progress of the AI Action Plan and changes to federal guidance or enforcement priorities.
- Adopt AI Best Practices: Proactively implement robust AI governance and risk management practices to prepare for future regulatory shifts.
- Engage with Stakeholders: Participate in industry discussions and public comments to help shape AI policy and ensure alignment with emerging federal priorities.
The CommLaw Group Can Help!
With sweeping changes in U.S. AI policy, emerging state laws, and the rapid evolution of AI technologies, businesses need experienced counsel to navigate the challenges ahead. The CommLaw Group offers deep expertise in AI and privacy compliance, helping companies adapt to new regulations, mitigate risks, and maintain a competitive edge.
CONTACT US TODAY
Our team is ready to guide your company through the complexities of AI and privacy governance.
E. Brian Alexander: 703-791-1050 | bal@commlawgroup.com
Susan Duarte: 703-714-1318 | sfd@commlawgroup.com
Diana James: 703-663-6757 | daj@commlawgroup.com
