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Stolen Painting Returned to Original Owner

Last week, a painting stolen over forty years ago was finally returned to its original owner, Chatsworth House.  The painting, A Double Portrait of Sir Peter Paul Rubens and Sir Anthony Van Dyck (1640s) by Eramus Quelliness II, was stolen on May 26, 1979, and recently discovered at a regional auction house in France.  Chatsworth House lent the work to the Towner Art Gallery for an exhibition featuring works by the Flemish Baroque artist Anthony Van Dyck.

 

Eramus Quelliness II’s A Double Portrait of Sir Peter Paul Rubens and Sir Anthony Van Dyck (1640s). Image via Chatsworth House Trust.

“Smash and grab”

The exhibition did not go as planned. To the public’s astonishment, the gallery fell victim to a “smash and grab” raid after the exhibition. Thieves made off with A Double Portrait of Sir Peter Paul Rubens and Sir Anthony Van Dyck, but left more valuable works behind – causing authorities to believe that the robbery was not well-planned out. While A Double Portrait looked more expensive than the drawings left behind, the original Van Dyck drawings the thieves left were much more valuable (and have sold for upwards of $2 million in recent years).

The thieves may not have been very knowledgeable about art. Even so, they disappeared without a trace. The painting had been feared lost since that night in May 1979.

 

Interior of Chatsworth House. Image via Chatsworth House Trust.

Miraculous Recovery

Until now!

In 2021, an art historian discovered that the work was listed for sale in the bucolic town of Toulon, France. They reported the finding to Chatsworth House, who happily stepped forward to claim the work.

It’s unclear how the piece made its way from the thieves to modern-day France. The Art Newspaper reports that the painting was sent to Toulon to be sold after the seller discovered it while cleaning out his late parent’s house.

The painting required extensive restoration. Today, the work shines with its former glory.

 

Collectible from Chatsworth House. Image via Chatsworth House Trust.

The Art Loss Register

This was a happy ending to a devastating art robbery. Art crime continues to plague valuable collections in public and private collections all over the world. To combat the problem, the Art Loss Register (ALR) currently holds and maintains the largest private database of lost, stolen, and looted art, antiquities and collectibles.

Works are added to the registry on behalf of victims of looting and theft, insurers, police forces and other interested parties. ALR also employs a unique due diligence service for their clients who are active in the art market to ensure that they are handling objects that do not have questionable provenance.

The ALR single-handedly provides the art industry’s best risk management tool for those seeking to buy and sell works of art and cultural heritage. Moreover, using ALR’s tools and databases speeds up recovery of missing works, because searching the database enables users to identify works that have been stolen – and to return them to their claimant for recovery.

To read more about how ALR helps its clients search, register and recover lost art, click here.

Firm Founder Named Vice Chair of EXO

Brava to our firm’s founder, Leila A. Amineddoleh, for being named Vice Chair of the Board of Trustees of the Grammy®-Winning Experiential Orchestra (EXO).

 

The Experiential Orchestra during a performance. Image via the Experiential Orchestra.

 

About EXO

The Grammy®-Winning Experiential Orchestra features a star-studded lineup of New York City freelance musicians in concerts designed to engage audiences in immersive and imaginative ways. Featured in Symphony Magazine, hailed as the #1 Classical pick in TimeOut New York, and with articles in the New York Times and the Washington Post, EXO represents a dynamic example of how orchestral music can be engaging, relevant, and immersive. 

Performances have included circus choreography to Stravinsky’s Petrushka and Berlioz’s Symphonie fantastique, invitations for the audience to dance to Stravinsky’s Rite of Spring and Tchaikovsky’s Nutcracker, and inviting the audience into the center of the orchestra at Lincoln Center. Other concerts have featured 36 oboes and bassoons surrounding the audience performing Lully and Rameau, commissioned 15 response-pieces to specific contemporary art at the Katzen Art Museum of American University, and “Loft Parties,” where 150 orchestra and audience members merge in a midtown New York apartment. Each concert is specifically created for the venue and audience, and often involves a combination of a party and a concert, all hosted by music director James Blachly.

Collaborations have included sold-out concerts of the music of Arvo Pärt at the Temple of Dendur at the Metropolitan Museum of Art with Met Live Arts, and with the Cathedral of St. John the Divine and LPR Presents; subscription concerts for the Phillips Collection, and partnerships with Young Patrons of Lincoln Center, Americas Society, Halcyon Stage, MusiCambia, Muse Circus, Groupmuse, and Women’s Philharmonic Advocacy. EXO has performed throughout New York City, including at Alice Tully Hall, Roulette Intermedium, National Sawdust, and Fotografiska. EXO has commissioned works from prominent composers including Jessie Montgomery, Viet Cuong, Kristen Volness, Kate Copeland Ettinger, Wang Lu, Elliot Cole, and Christopher Wendell Jones.

Artistic collaboration is an essential part of the EXO model. Pauline Kim Harris is the Director of Artistic Planning, with an Artistic Team consisting of Alex Fortes, Lady Jess, Henry Wang, Sami Merdinian, and Michelle Ross. Patrick Castillo, Doug and Brad Balliett act as Artistic Advisors. 

In 2021, EXO won a Grammy® Award with their recording of Dame Ethel Smyth’s The Prison, a recording that was featured around the world and short-listed for a Gramophone Award. Their second recording, American Counterpoints, featuring violinist Curtis Stewart in the music of Julia Perry and Coleridge-Taylor Perkinson, has been featured on NPR’s All Things Considered, the New York Times, Strings Magazine, BBC Magazine, and Performance Today.

The orchestra has also developed an experiential model for groups and leadership trainings called “Listening Concerts,” in which executives and others are placed in the heart of the orchestra. These concerts have been featured at Lincoln Center, New York Hall of Science, MIT/Sloan, and for Fortune 500 companies.

 

Conductor James Blachly and the Experiential Orchestra. Image via the Experiential Orchestra.

 

In an interview in Symphony Magazine, founder Blachly explained that his goal is not to replace the traditional orchestral experience, but to keep the act of listening “fresh for everybody. . . . [At EXO, we] invite people in so that when they next attend a traditional concert, they hear things differently.”

To learn more about EXO, click here.

Christie’s Pulls Problematic Pieces from Auction

In a highly-public withdrawal, Christie’s pulled four ancient Greek vases from auction. The four antiquities ranged in value from $7,000 to $30,000. It appears that the vases are the product of illicit dealings. They have been traced to the notorious antiquities trafficker Gianfranco Becchina.

One of the four disputed vases pulled from auction. Image via Christie’s.

Vases Traced to Notorious Dealer

Becchina, a well-known middleman in a looting network who was convicted for his actions in 2011, cosigned three of the four vases for a Geneva Christie’s auction in 1979.  For the upcoming April 2024 auction, Christie’s listed the vases’ sale in 1979, but failed to disclose the fact that Becchina cosigned the objects. Dr. Christos Tsirogiannis, a lecturer at the Unviersity of Cambridge, called Christie’s nondisclosure “a trick used by the highest level. . . [t]hey deliberately exclude the connection of a trafficker in these three examples, although they’ve known about that connection for 45 years.”

Christie’s has released a statement counter to this effect, stating that the auction house “takes the subject of provenance research very seriously, especially when it related to cultural property.” However, taking the subject of provenance research seriously, and proactively allocating the resources and dedicated staff to carry out the work, are two different things.

A disputed vase pulled from auction. Image via Christie’s.

New Head of Provenance at the Met

In other antiquities news, the Metropolitan Museum of Art is taking a proactive stance. Last month, the museum hired Lucian Simmons (previously of Sotheby’s) as its first-ever Head of Provenance Research. This new position points to the museum’s recent efforts to increase the museum’s number of provenance-specific employees, in an era of greater scrutiny against both private and public collections. An increase in the number of restitutions has occurred during the past few decades, and this new hire makes the Met better situated to research provenance issues and handle requests for restitution. Mr. Simmons’ hiring brings the number of specialized province employees to eleven – an astonishing number for the institution.

Mr. Lucian Simmons. Image via Wilson Santiago/Metropolitan Museum of Art.

 

Mr. Simmons has extensive experience with provenance research and related issues, due to his long tenure at Sotheby’s. Since 1997, Simmons has developed and deployed transparent provenance policies for the auction house. In fact, transparency is at the heart of all of Simmons’ provenance work. He told to The New York Times that from the beginning of his time at Sotheby’s, he has “always tried to make sure [Sotheby’s was] very open” in the provenance research processes. Simmons intends to continue innovative model of transparency when he transitions to the Met this coming May.

New Awareness for Repatriation of Looted Antiquities

Repatriation actions for looted antiquities are increasingly being brought by countries around the world. Our firm has proudly represented and won legal claims related to looted antiquities on behalf of several nations, including the Republic of Italy and the Hellenic Republic of Greece. The cultural shift towards an increased awareness and respect for repatriation and restitution claims is something our firm both applauds and works to uphold.

Exploring Women’s Unsung Contributions to Art

In honor of International Women’s Day and Women’s History Month, our firm is reposting one of our favorite blog posts. This post originally ran on our firm’s blog in 2021.

It is a bitter truth that women, who are so often depicted, admired and romanticized through art, have had to overcome herculean obstacles to participate in its creation. In honor of Women’s History Month, this entry in our Provenance Series examines the work of the Old Masters’ female counterparts – the Old Mistresses – and their contemporary successors.

Rediscovery of Female Artists

Renaissance and Baroque works by women have deservedly entered the public consciousness in recent years. In 2019, a depiction of the Last Supper by nun Plautilla Nelli was installed in the Santa Maria Novella Museum in Florence, after a painstaking 4-year restoration by the Advancing Women Artists Foundation (AWA). The project was made possible through the AWA’s “adopt an apostle” crowdsourcing program: private financiers were allowed to “adopt” one of the life-sized disciples at $10,000 each (ever-unpopular Judas was instead funded by 10 backers at only $1,000 each). The oil painting, measuring 21 feet across, is one of the largest Renaissance works by a female artist still in existence. It is also the only work created by a woman during the Renaissance depicting the Last Supper.

 

Last Supper by Plautilla Nelli (prior to restoration). Image via My Modern Met.

 

The Provenance and Restoration of Plautilla Nelli’s The Last Supper 

The Last Supper was likely created for the benefit of Plautilla’s own convent, the convent of Santa Caterina di Cafaggio in Florence, where it hung in the refectory (dining hall) until the Napoleonic suppression in the 19th century, when the convent was dissolved. It was thereafter acquired by the Florentine Monastery of Santa Maria Novella in 1817. Again, it was housed in the refectory until being moved to a new location in 1865. Scholar Giovanna Pierattini reports it was moved to storage in 1911, where it remained until 1939. It then underwent significant restoration, and returned to the refectory. It would remain on display there for almost forty years, surviving the historic flood of the Arno in 1966 with little damage. The work was next taken down in 1982, when the refectory was reclassified as the Santa Maria Novella Museum, and transferred to the friars’ private rooms. This is how the monumental work, which remained out of the public eye for centuries, is now visible to the public for the first time in 450 years.

Rossella Lari, the restoration’s head conservator remarks, “We restored the canvas and, while doing so, rediscovered Nelli’s story and her personality. She had powerful brushstrokes and loaded her brushes with paint.” The painting features emotionally charged expressions, emphatic body language, and exquisite details, such as the inclusion of customary Tuscan cuisine (roasted lamb and fava beans).

 

Santa Maria Novella in Florence, Italy. Image courtesy of CAHKT/iStock.com.

 

 

Plautilla’s use of color and composition is even more impressive when one considers that women were barred from attending art schools and studying the male nude; instead, they were forced to rely on printed manuals and the works of other artists. Plautilla was not only a self-taught artist, but she also ran an all-woman workshop in her convent and received the ultimate praise for an Italian Renaissance painter: inclusion in Giorgio Vasari’s seminal book Lives of the Most Excellent Painters, Sculptors and Architects. Notably, in Plautilla’s time the convent was managed by Dominican friars previously under the leadership of fire-and-brimstone preacher Girolamo Savonarola. The nuns were encouraged to paint devotional pictures in order to ward off sloth.

Undeterred, “Plautilla knew what she wanted and had control enough of her craft to achieve it,” says Lari. The Last Supper is signed “Sister Plautilla – Orate pro pictora” (“pray for the paintress”). Plautilla thus confirmed her role as an artist while acknowledging her gender, understanding that the two were not mutually exclusive. Although only a handful of the works survive today, Plautilla and her disciples created dozens of large-scale paintings, wood lunettes, book illustrations, and drawings with great focus, determination, and discipline. She is considered the first true woman artist in Florence and in her heyday, “There were so many of her paintings in the houses of gentlemen in Florence, it would be tedious to mention them all.” Since AWA’s conservation work was initiated, the number of works attributed to Plautilla has risen from three to twenty, meaning that other undiscovered masterpieces could be lying in wait.

Female-Led Museum Exhibitions   

The Prado Museum in Madrid has hosted an exhibition featuring two overlooked Baroque painters, Sofonisba Anguissola and Lavinia Fontana, in an exhibition entitled “A Tale of Two Women Painters.” Meanwhile, the National Gallery in London hosted a show dedicated to Artemisia Gentileschi. Notably, Sofonisba, Lavinia and Artemisia all achieved fame and renown during their lifetimes, including royal commissions, only to be eclipsed for centuries after their deaths. Sofonisba was particularly sought after for her ability to capture the expressiveness of children and adolescents in intimate portraits, while Lavinia’s commissions displayed a more formal Mannerist style. Artemisia, the subject of the National Gallery’s first major solo show dedicated to the artist, is recognized as much for the strength of her figures in chiaroscuro as for her life story involving sexual assault and trial by torture. Despite considerable difficulties, Artemisia was able to succeed in a male-dominated field and created over 60 works, most of which feature women in positions of power. Artemisia is now hailed as one of the most important painters of her generation and an established Old Mistress in her own right.

Female Artists at Auction 

Despite their long slumber in the annals of history, these artists are not only receiving attention in museums, but in auctions as well. In 2019, a painting by Artemisia depicting Roman noblewoman Lucretia shattered records when it sold for more than six times its estimated price at Artcurial in Paris. While estimates originally placed the work at $770,000 to $1 million, the painting was ultimately acquired by a private collector for $6.1 million. Lucretia was discovered in a private art collection in Lyon after remaining unrecognized for 40 years. It was in an “exceptional” state of conservation according to Eric Turquin, an art expert specializing in Old Master paintings previously at Sotheby’s.

 

Artemisia Gentileschi’s Lucretia (ca. 1630-1640). Image via Getty Museum.

 

 

The earlier record for one of Artemisia’s works had been set in 2017, when a painting depicting Saint Catherine sold for $3.6 million. That painting, a self-portrait of the artist, was then acquired by the National Gallery in London for $4.7 million in 2018. This was the first painting by a female artist acquired by the National Gallery since 1991, and the 21st such item in its entire collection, which encompasses thousands of objects. Saint Catherine had been owned by a French family for decades, but its authorship was obscured prior to its rediscovery and sale by auctioneer Christophe Joron-Derem. The painting was acquired by the Boudeville family in the 1930s, but the exact circumstances of this acquisition and the painting’s prior whereabouts were unclear. At the time of the National Gallery’s purchase, museum trustees raised concerns that the work might have been looted during World War II, although there is no firm evidence to support this suspicion. Despite the gaps in the works’ provenance, it was ultimately determined that the painting had been with the family for several generations and Saint Catherine was welcomed to her new home in London.

Recent Attributions 

More recently, a painting of David and Goliath was attributed to Artemisia after a conservation studio in London removed layers of dirt, varnish and overpainting to reveal her signature on David’s sword. While the work’s attribution occurred too late for inclusion in the National Gallery exhibition, the owner is apparently delighted to discover the work’s true author and is keen to loan it to an art institution so the public can enjoy the work. This painting was originally acquired at auction for $113,000 and may have been owned by King Charles I – quite an esteemed pedigree and sure to raise its value by a considerable amount.

 

Artemisia Gentileschi, David and Goliath. Image courtesy of Simon Gillespie Studio.

 

In contrast to Artemisia’s ascendance, a painting once attributed to her father Orazio Gentileschi is now embroiled in controversy. That painting, which also depicts David and Goliath and described as “stunning” by the Artemisia show curator, has links to notorious French dealer Giuliano Ruffini. Ruffini is the subject of an arrest warrant due to his connection with a high-profile Old Master forgery ring operating in Europe. It is believed that the forgery ring, uncovered in 2016, garnered $255 million in sales, including works represented as being by Lucas Cranach the Elder and Parmigianino.

Although these paintings were widely accepted as genuine masterpieces and fooled leading specialists, they did not have verifiable provenances. The paintings were said to belong to private collector André Borie, although that was not the case and Sotheby’s was forced to refund money to buyers once the fraud came to light. The Gentileschi in question had been “discovered” in 2012 and sold to a private collector, who loaned it to the National Gallery in London. At that time, the painting was praised for its “remarkable” lapis lazuli background, but the museum did not conduct a technical analysis before displaying the piece. Despite several warning signs – the painting’s recent entrance into the art market, its unusual material, its similarity to another Gentileschi painting held in Berlin, and the lack of published provenance – the museum stated that there were “no obvious reasons to doubt” the painting’s attribution.

The forgotten nature of some female artists demonstrates that their talents are not rare, but rather that they lack the opportunities and publicity that male artists often take for granted. Once their talent is amplified, female artists are capable of great things. This pattern continues today.

The Modern Struggles of Female Artists

As famous female artists lost to history capture the public eye, they are joined by female contemporaries who share a similar struggle against underrepresentation. Women’s contribution to modern and contemporary art is often exemplifiedby those with ties to established male artists: Mary Cassatt (who achieved recognition as an Impressionist in Paris through her relationship with Edgar Degas); Georgia O’Keeffe (who entered the public eye via her relationship to Alfred Stieglitz); and Frida Kahlo (introduced to the art world by her husband, Diego Rivera). This truncated view ignores the vast amount of creative output generated by women, and reinforces the notion that recognition must be made through a male lens, a view prevalent during Artemisia’s time. It is worth noting that Artemisia’s father Orazio Gentileschi was her teacher and facilitator in the Baroque art market. In fact, this attitude  has denied countless female artists of their deserving places in the canon of art history. It has even enabled surreptitious artists to take credit for works by others.

 

Yayoi Kusama.
Image courtesy of Kirsty Wigglesworth.

 

Today, Yayoi Kusama is a household name. The world’s top-selling female artist, she is renowned for her peculiar polka-dotted paintings and sculptures, which command long lines at preeminent art institutions across the globe. Like many famous contemporary artists from the last century, she is strongly associated with a unique personal style, and recognized by her bright-red wig. Despite her phenomenal success, her position in the pantheon of notable contemporary artists was anything but assured. Born in the rural town of Matsumoto, Japan in 1929, Kusama was discouraged from pursuing a career; rather, she was encouraged to marry  and start a family. Frustrated by the constant efforts to suppress her artistic aspirations, she wrote to the already famous Frida Kahlo for advice. Kahlo warned that she would not find an easy career in the US, but nevertheless urged Kusama to make the trip and present her work to as many interested parties as possible.

Unsurprisingly, Kahlo’s advice was accurate. After traveling to New York, Kusama’s early work received praise from notable artists Donald Judd and Frank Stella, but it failed to achieve commercial success. Her work also attracted the attention of other renowned artists, who were able to channel ‘inspiration’ from Kusama’s work right back into the male-dominated New York art market. Sculptor Claes Oldenburg followed a fabric phallic couch created by Kusama with his own soft sculpture, receiving world acclaim. Andy Warhol repurposed her idea of repetitious use of the same image in a single exhibit for his Cow Wallpaper. Most blatantly, after exhibiting the world’s first mirrored room at the Castellane Gallery, Lucas Samaras exhibited his own mirrored exhibition at the Pace Gallery only months later. Needless to say, these artists did not credit Kusama for her work and originality. This ultimately caused a despondent Kusama to abandon New York and return to Japan.

Kusama spent the next several decades largely in obscurity. The frustrations in her career resulted in multiple suicide attempts and long-term hospitalizations. However, Kusama always found a way to channel this energy back into her art, and she continued to create art in various formats as a way to heal. It was not until a 1989 retrospective of her work in New York and an exhibition at the 1993 Venice Biennale that the world truly tok notice of her work. This global reintroduction was enough to galvanize interest in her artistic creation, leading to the success she enjoys today. While it may  seem just that such a talented artist would eventually receive recognition for her work, this is not always a given and Kusama’s near erasure from the art world should not be discounted.

The Gendered Art Market Divide

In today’s art market, artists, collectors, dealers, and museums are making a concerted effort to fight this type of erasure. Kusama stands as a beacon to others, demonstrating that female artists can reach the pinnacle of their profession. However, it remains an arduous career path for many. Statistical analysis confirms that female artists are underpaid and underrepresented in both the primary and secondary art markets. For example, compare the highest price paid for a work by a living artist by gender: Jeff Koons’ Rabbit sold for $91.1 million in 2019; while Jenny Saville’s Propped sold for $12.5 million that same year, a mere 14% of the Koons’ price. Some of this disparity can be explained by the difference between men and women’s treatment in the workplace generally, but the art world is also subject to a number of particularities. Attributed to a host of causes, perhaps none is more prominent than women’s almost total exclusion from studio art until the 1870s. The art world has existed in this environment for so long that its institutions and relationships now mechanically reinforce the disparity between genders: women are less likely to receive recognition and training, and buyers are less interested in art created by females. The interest in female-made art is also disproportionality concentrated on its biggest names; the top five best-selling women in art held 40% of the market for works by women auctioned between 2008 and 2019. It has become a self-sustaining cycle that can only be broken through deliberate and effective action.

Initiatives Supporting Female Artists

Artists and galleries have been working to shine a light on the current landscape of inequality in the market. Groups like the Guerilla Girls have used their cultural status and notoriety to vocalize issues regarding sexism, racism, and other types of discrimination still rampant today. This type of radical-meets-reformer message resonates with a newer generation that is more vocal about addressing discrimination, and frustrated by the seemingly lackluster efforts to minimize their impact on society. In honor of Women’s History Month, several galleries have announced shows dedicated to addressing some of these issues. The Equity Gallery is presenting “FemiNest,” a collection of works by female artists centered around the literal and metaphorical ideas conjured by the idea of a “nest.” The show explores in sculpture, textiles, painting and other media the new spaces that have opened for women in recent decades and their practical and spiritual impact for women. The Brooklyn Museum has announced a retrospective of Marilyn Minter’s work titled “Pretty/Dirty” aimed at challenging traditional notions of feminine beauty. Featuring more than three decades of work, the show will track Minter’s progress throughout the 1970s, 80s, and 90s. The show is also part of a larger series of ten exhibitions by the Brooklyn Museum dedicated to the subject: “A Year of Yes: Reimagining Feminism at the Brooklyn Museum.”  Lastly, the Zimmerli Art Museum will feature an exhibition of works by the Guerilla Girls and other female artists who have worked to depict women’s unequal treatment in the art world, “Guerrilla (And Other) Girls: Art/Activism/Attitude.” (For more information about these shows and others addressing similar issues, see here.)

 

Do Women Have To Be Naked To Get Into the Met. Museum? (1989), Guerrilla Girls. Image via the Met.

 

Although artists and art institutions have just begun the work of winding back centuries of discrimination, there is evidence that their work is already affecting the market. The percentage of female-generated artwork in the secondary market is increasing from year to year; from 2008 to 2018, the market more than doubled from $230 million to $595 million. Similarly, representation of women at major art shows is steadily, if inconsistently, increasing as well. This subtle shift in the market has been attributed at least in part to a new class of art purchaser: independently wealthy women, whose capital is self-made rather than inherited or shared via marriage. This novel source of demand is less sensitive to the traditional pressures of the market and is helping to fuel demand for works by female artists. Women’s History Month is an opportunity to reflect on the tremendous progress made by remarkable individuals in the art world, and to also contemplate the ripe opportunities that still lie ahead.

Fact Sheet: Artificial Intelligence

The Biden-Harris administration released Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence on Oct 30, 2023. The order directs governmental agencies to use eight policies and principles (listed on the left) to drive responsible AI use and development. Additionally, the order creates opportunities for private organizations, members of academia, international allies, and civil society to voluntarily adopt these principles.

 

Artwork from Refik Anadol’s exhibition Unsupervised. Anadol used artificial intelligence to interpret and transform more than 200 years of art at MoMA. Image via MoMA.

 

“AI” Defined

The order defines “artificial intelligence” or “AI” as “a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.” 15 U.S.C. 9401(3). This is a purposefully broad definition of AI and is not limited to generative AI systems.

 

AI-generated cubist artwork. Subversive Pink by Abstrix. Image via artaigallery.com.

 

Policies & Principles

The order directs governmental agencies to use eight policies and principles to drive AI use and development. These policies and principles are:

  • Ensuring new standards for AI safety and security
  • Protecting privacy
  • Advancing equity and civil rights
  • Standing up for consumers, patients, and students
  • Supporting workers
  • Promoting innovation and competition
  • Advancing international cooperation
  • Advancing the responsible and effective federal government use of AI

 

AI-generated floral artwork. Deadly Seaweeds by Latebloomr. Image via artaigallery.com.

The Basics

Recurring themes in the order are transparency and responsibility. The directive repeatedly instructs organizations to regularly evaluate their existing AI-related risks, develop organizational AI-management practices, and promote disclosure and transparency procedures across sectors. The directive also suggests that all users, developers, and vendors of AI-enabled technology be prepared for forthcoming AI-related guidance and legislation from federal agencies, state and local governments, and federal legislative bodies.

 

AI assistants are trending. Rabbit personal AI-powered companion. Image via rabbit.tech.

 

To Whom Does the Order Apply?

At present, the order is binding on federal agencies (with the exception of independent agencies). However, the order addresses AI risks and benefits at all stages of the AI-supply chain: development, procurement, and deployment. As a result, any private sector organization that does business with a federal agency should adhere to the order’s policies and principles. Organizations that are not directly impacted may still want to adhere to the policies and principles. Future AI governance will be informed by the evolving industry standards and best practices. Those who voluntarily abide by these policies and principles will have an advantage against those who are not proactive when new laws are not proactive when new laws are inevitably passed.

 

AI-generated cubist artwork. Finite Maze by Abstrix. Image via artaigallery.com.

 

Takeaways

This landmark order establishes new standards for AI safety and security. It aims to harness the promise of AI, while mitigating its risks to privacy and equity and civil rights.

As AI systems continue to be developed and introduced into the stream of commerce, the industry standards that evolve from this order will likely also apply to private organizations that incorporate AI or use third-party vendors’ AI-enabled services. These services may take the form of services used to aid in business, administration, hiring, and/or marketing purposes. As an example, cultural institutions should anticipate forthcoming AI-enabled services to include curation, record-keeping, artist exhibitions, and to aid in visitor engagement and experience.

To ensure your organization is in compliance with these policies and principles, consider a consultation with our firm.

For a printable fact sheet, click here.