On Tuesday, February 27, the Nationwide Governors Affiliation hosted its month-to-month briefing for Governors’ authorized counsel which mentioned authorized and regulatory issues for states associated to synthetic intelligence (AI).
AI has the potential to encourage innovation and rework authorities. Considerations about potential misuse or unintended penalties of AI, nonetheless, have prompted state governments to analysis these instruments and develop requirements for accountable use.
Governors can play a serious function in each regulating AI instruments and inspiring the moral use of AI of their states and territories. In latest months, at the very least a dozen Governors have issued govt orders pertaining to AI, notably GenAI. These orders usually define AI initiatives, set up state AI job forces, and/or encourage collaboration throughout state businesses and different companions.
AI govt orders sometimes concentrate on guaranteeing the accountable use of AI in state authorities operations, in addition to different initiatives equivalent to workforce improvement, financial progress, bettering training programs, and evaluating potential impacts of the usage of AI by state businesses. Orders could instruct job forces to stock the present makes use of of AI in state authorities, develop trainings for state staff, concern AI steerage to state businesses, or require a report be submitted to the Governor with suggestions on accountable methods to combine AI as a instrument to enhance authorities operations and guarantee information privateness. Key elements of gubernatorial AI govt orders embrace the next:
- Institution of AI Initiatives. AI govt orders promote the accountable use of AI by state authorities, and emphasize the significance of collaboration and coordination on this continuously evolving matter. These orders present relevant definitions and scope of AI applied sciences mentioned. Practically all orders create a job pressure or different physique associated to the research of AI in state authorities. These our bodies are normally tasked with finding out AI and growing tips, trainings, or normal suggestions for state businesses. Different orders create formal partnerships between authorities our bodies and exterior entities (e.g., universities, personal companions), or could designate a particular state company or state AI result in develop insurance policies and tips for state authorities’s use of those applied sciences.
- Activity Pressure Composition. Many AI govt orders set up job forces or different governing or analysis our bodies. Though job pressure membership varies throughout the states, these our bodies usually embrace chief know-how, data, information, privateness, and/or innovation officers. Some orders additionally embrace the Governor’s Homeland Safety Advisor and related gubernatorial employees/advisors. Relying on the main focus of the order, different state company officers can also be represented, together with from departments of training (Ok-12 and better training), workforce and financial improvement, commerce, and businesses targeted on authorities operations, administration, or price range. Additional, some job forces additionally embrace illustration from state departments of variety, fairness, and inclusion. A couple of job forces additionally embrace illustration from the state’s Lawyer Common’s Workplace or members of the state legislature.
- Focus Areas. Most orders are targeted on the accountable use of GenAI in state authorities operations, with some states outlining particular rules by which state businesses ought to abide. This concentrate on state operations additionally usually contains the event of trainings for state staff, workforce improvement/job creation, modernizing company operations, and bettering authorities effectivity with the usage of AI. Some orders concentrate on alternatives for innovation and financial progress, in addition to bettering training programs. Orders additionally concentrate on the significance of guaranteeing information privateness. Different orders talk about the significance of guaranteeing traditionally susceptible and marginalized communities will not be negatively impacted by way of AI by state authorities.
- Aims. Common goals of AI govt orders embrace understanding the present makes use of of AI and finding out alternatives and potential impacts for its future use in state governments. Orders additionally goal for methods to establish how AI could make authorities extra environment friendly and enhance and modernize operations. Different goals embrace leveraging AI for training and workforce improvement and figuring out alternatives for innovation and financial progress. Orders additionally emphasize the accountable use of AI, guaranteeing it’s used for the general public good in clear, safe, neutral, and equitable methods.
- Deliverables. Though deliverables of AI govt orders range, most orders involving job forces require the physique to submit a report or motion plan with specified suggestions to the Governor on the moral and accountable use of AI applied sciences in state authorities. This report could embrace a listing of the methods AI is at present being utilized in state authorities, present and potential impacts, and alternatives for future use. Some orders designate a phased method (with sure deliverables mapped out over years) and others require a report with findings on a particular date. The duty pressure can also be instructed to establish alternatives for public/personal partnerships, potential amendments to procurement practices, or different potential initiatives. Relying on specified focus areas, some orders could cost the duty pressure with figuring out areas for utilizing AI to advertise innovation and financial progress or enhance workforce or training programs. If not already outlined within the order, some orders additionally require the duty pressure to develop rules, uniform requirements, or governance frameworks for the accountable use of AI in state authorities for use by state businesses. A minimum of one order additionally requires all state businesses to designate one particular person to change into an AI skilled. Many orders additionally require the event of AI trainings for state staff.
Along with state AI leads and impacted businesses, Governors’ authorized counsel can also change into concerned with AI on a broad vary of points, together with moral governance and use, privateness issues, mental property, shopper safety, danger administration, procurement, and different authorized and regulatory points.
Potential makes use of and points involving AI will, by nature, proceed to evolve. As such, with the usage of current AI instruments and the discharge of GenAI, governmental our bodies are exploring the advantages and challenges related to the usage of this know-how—each by way of utilizing AI to enhance authorities operations and regulating AI to make sure such instruments are used responsibly by others.
NGA holds month-to-month briefings for Governors’ authorized counsel. Please attain out to Lauren Dedon (Ldedon@nga.org) for added data.