The Role of Governors in Regulating AI and Ensuring Ethical Use

Artificial Intelligence (AI) has the power to revolutionize government operations and foster innovation. However, concerns about the potential misuse and unintended consequences of AI have prompted state governments to delve into research and establish standards for responsible use. Governors can play a crucial role in regulating AI tools and promoting ethical practices in their states and territories.

In recent months, a significant number of Governors have issued executive orders specifically addressing AI, particularly GenAI. These orders outline various AI initiatives, establish state AI task forces, and encourage collaboration among state agencies and other partners.

The primary focus of AI executive orders is to ensure the responsible use of AI in state government operations. They also touch on important areas such as workforce development, economic growth, improving education systems, and evaluating the potential impacts of AI usage by state agencies. To achieve these objectives, the orders may instruct task forces to:

1. Take stock of current AI usage in state government
2. Develop training programs for state employees
3. Issue AI guidance to state agencies
4. Submit reports with recommendations on responsible integration of AI in government operations and data privacy protection

Key components of gubernatorial AI executive orders typically include:

Establishment of AI Initiatives

AI executive orders emphasize collaboration and coordination in the responsible use of AI by state governments. They provide definitions and scope for the discussed AI technologies, and often create task forces or equivalent bodies to study AI and develop guidelines, trainings, or recommendations for state agencies. Some orders even forge partnerships between government bodies and external entities, such as universities or private partners, to set policies and guidelines for state government’s use of AI technologies.

Task Force Composition

Many AI executive orders establish task forces or research bodies with diverse representation. Typically, these bodies include chief technology, information, data, privacy, and innovation officers. Additionally, some orders involve the Governor’s Homeland Security Advisor, state agency officials from education, workforce and economic development, commerce, and diversity, equity, and inclusion departments. Some task forces also include the state’s Attorney General’s Office or members of the state legislature.

Focus Areas

The majority of AI executive orders are centered around the responsible use of GenAI in state government operations. They address areas such as state agency trainings, workforce development, modernizing agency operations, and improving government efficiency. Some orders also prioritize opportunities for innovation and economic growth, as well as enhancing education systems. Additionally, these orders highlight the importance of preventing negative impacts on historically vulnerable and marginalized communities.

Objectives

The general objectives of AI executive orders include understanding current AI usage in state governments, exploring opportunities and potential impacts for future use, and using AI to enhance government efficiency and modernize operations. They also aim to leverage AI for education, workforce development, and innovation, while emphasizing responsible, transparent, secure, impartial, and equitable utilization.

Deliverables

While the deliverables of AI executive orders vary, most involve the submission of a report or action plan by the task force to the Governor. This report includes recommendations for the ethical and responsible use of AI technologies in state government. It may also provide an inventory of current AI usage, examine current and potential impacts, and identify opportunities for future use. Additionally, task forces may explore public-private partnerships, potential procurement practice amendments, or other initiatives. They may also develop principles, uniform standards, or governance frameworks for the responsible use of AI. Some orders even mandate the designation of AI experts within state agencies and the development of AI training programs for state employees.

Furthermore, Governors’ legal counsel, along with state AI leads and impacted agencies, may become involved in a wide range of AI-related issues. These include ethical governance and use, privacy concerns, intellectual property, consumer protection, risk management, procurement, and various legal and regulatory matters.

As the potential uses and issues surrounding AI will continue to evolve, government bodies are actively exploring the benefits and challenges associated with AI utilization. With existing AI tools and the introduction of GenAI, the focus remains on both improving government operations through AI and establishing regulations to ensure responsible usage.

To find more information regarding the National Governors Association (NGA) monthly briefings for Governors’ legal counsel, please reach out to Lauren Dedon at [email protected].

FAQ

What is GenAI?

GenAI refers to the specific type of artificial intelligence that is mentioned in state executive orders. It is an abbreviation for “General Artificial Intelligence.”

Why are Governors issuing executive orders related to AI?

Governors are issuing executive orders related to AI to address concerns about the potential misuse or unintended consequences of AI. These orders help establish guidelines, trainings, and recommendations for the responsible use of AI in state government operations.

What are the focus areas of AI executive orders?

The focus areas of AI executive orders include the responsible use of AI in state government operations, workforce development, economic growth, improving education systems, and ensuring data privacy. They also emphasize preventing negative impacts on historically vulnerable and marginalized communities.

What are the deliverables of AI executive orders?

The deliverables of AI executive orders typically involve the submission of a report or action plan by the task force to the Governor. This report includes recommendations for the ethical and responsible use of AI technologies in state government, as well as an inventory of current AI usage, potential impacts, and opportunities for future use. It may also involve the development of principles, standards, or governance frameworks for the responsible use of AI.

How can Governors regulate AI?

Governors can regulate AI by establishing task forces, developing guidelines and policies, and encouraging collaboration among state agencies and external partners. They can also address legal and regulatory issues related to AI through the involvement of their legal counsel.