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Biden Signs New Tech Executive Orders Before Departing Office

Joe Biden signed two new executive orders this week promoting future cyber and AI priorities before Donald Trump takes office Monday.

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President Joe Biden signs an Executive Order establishing standards for Artificial Intelligence (AI) safety and security, Monday, October 30, 2023, in the East Room of the White House. (Official White House Photo by Adam Schultz)
President Joe Biden signs an Executive Order establishing standards for Artificial Intelligence (AI) safety and security, Monday, October 30, 2023, in the East Room of the White House. Photo Credit: White House

President Joe Biden issued new executive orders aimed at enhancing cybersecurity and AI before departing office.

Biden has made emerging technology a policy priority throughout his term. His administration oversaw new technology and cybersecurity-focused executive orders and memorandums, and the Office of Management and Budget (OMB) released various memos backing tech and cyber advancements.

This week, Biden signed two new tech executive orders to strengthen and promote innovation in cybersecurity and advance U.S. leadership in AI infrastructure.

Advancing Cybersecurity

The latest cyber executive order builds on the 2021 executive order and increases focus on software security, the use of AI for cyber defense and post-quantum cryptography to prepare for the future threat landscape. 

“The executive order addresses this challenge by promoting the use of new AI-based tools for cyber defense and accelerating the transition to ‘post-quantum cryptographic’ algorithms to resist attacks leveraging quantum computing capabilities,” stated a White House fact sheet on the executive order.

The order tasks the National Institute of Standards and Technology (NIST) with creating a set of software development standards and calls on third-party software vendors to provide proof of safely developed software to federal agencies.

The Biden administration recognized the People’s Republic of China (PRC) as a key threat to digital infrastructure. 

“Russia and China conduct cyber attacks by exploiting numerous vulnerabilities in the software Americans use every day. ThisExecutive Orderputs $100 billion dollars of annual government procurement of IT to work by driving companies to build more secure software benefiting all Americans,” the fact sheet added.

The order calls for updates to the requirements for imposing sanctions on individuals or groups that attempt cyber attacks on critical infrastructure and other services, making it easier for U.S. authorities to hold foreign nations accountable.

The United Nations declared 2025 as the year of quantum. The order also calls for advancements in post-quantum technologies at federal agencies to prepare for Q-Day, the day when a supercomputer becomes powerful enough to break all current encryption methods. Post-quantum cryptography algorithms, like the ones certified by NIST in Aug. 2024, are resistant to quantum computer attacks and will ensure end-to-end encryption.

The Director of the Office of the National Cyber Director (ONCD) and the Cybersecurity and Infrastructure Security Agency (CISA) are also charged with strengthen the agencies’ partnership to defend critical infrastructure like space systems, reducing consumer fraud and promoting privacy with digital identity documents.

Outgoing ONCD Director Harry Coker said his office laid the groundwork for the next administration to reduce duplicative federal regulations within industry and critical infrastructure during a Jan. 7 Foundation for Defense of Democracies event.

“We worked with Congress to write bipartisan legislation that would bring all stakeholders, including independent regulators, to the table to advance the regulatory harmonization and reciprocity that industries need,” said Coker.

He asked the incoming administration to provide budget direction rather than recommendations around cybersecurity priorities.

“It’s a responsibility that every department and agency need to stand up to. We need to give more than guidance when it comes to cyber security budget,” said Coker.

Outgoing CISA Director Jen Easterly emphasized the importance of CISA’s Secure by Design model for designing secure software products and services during a Jan. 15 Foundation for Defense of Democracies event.

“Congress authorized and appropriated money for the Secure Our World [campaign], really making cyber hygiene as common as washing your hands and brushing your teeth,” Easterly said. “Our job is to protect and defend the critical infrastructure Americans rely on every hour of every day. A lot of that is predicated on being able to work collaboratively with the private sector.”

Bolstering Artificial Intelligence

Biden’s executive order to advance U.S. leadership in AI infrastructure aims to make federal sites available for AI data centers and new clean power facilities, facilitate the infrastructure’s interconnection to the electric grid and advance transmission development around federal sites.

“Today’s executive enables an AI infrastructure buildout that protects national security, enhances competitiveness, powers AI with clean energy, enhances AI safety, keeps prices low for consumers, demonstrates responsible ways to scale new technologies and promotes a competitive AI ecosystem,”said Biden in a White House statement. “[It] directs agencies to take sweeping steps to accelerate large-scale AI infrastructure development at federal sites, while directing the imposition of key requirements and safeguards on the developers building on these locations.”

The order calls on the Defense and Energy Department-owned sites to host large-scale AI data centers and use clean energy to support them. The agencies are directed to select sites for private sector construction of AI data centers and clean power facilities, prioritizing access to transmission infrastructure and minimal impact on communities, the environment and resources.

“We will not let America be out-built when it comes to the technology that will define the future, nor should we sacrifice critical environmental standards and our shared efforts to protect clean air and clean water,” the statement added.

In his farewell address Wednesday night, Biden urged the nation to advocate for safe and responsible AI, adding the “consequential technology” will bring new possibilities, but also new risks, to the nation’s economy and security.

“We must make sure AI is safe, trustworthy and good for all humankind. In the age of AI, it’s more important than ever that the people must govern, and as the land of liberty, America, not China, must lead the world in the development of AI,” said Biden during the address.

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