What is the Executive Order 30 in Virginia?

14 Apr.,2024

 

On Thursday, Governor Glenn Youngkin issued Executive Order 30 on Artificial Intelligence (AI), introducing guidelines for AI education in classrooms and implementing policy and information technology standards. These measures aim to safeguard the state's databases while ensuring the protection of individual data for Virginians.

This executive order hopes to show a commitment to providing protections for residents and businesses in Virginia while recognizing the potential opportunities of AI innovation. Virginia stands as one of the pioneering states in the country to establish AI standards, taking a leading role in guiding AI implementation through guidelines and pilot programs.

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The Governor’s Executive Order combines strong protections for Virginia residents and businesses while recognizing opportunities presented by AI innovation. As one of the first states in the country to issue AI standards, Virginia is leading the way on AI guidelines and pilots, according to the governor.

“These standards and guidelines will help provide the necessary guardrails to ensure that AI technology will be safely implemented across all state agencies and departments,” Gov. Youngkin said. “At the same time, we must utilize these innovative technologies to deliver state services more efficiently and effectively. Therefore, my administration will utilize the $600,000 in proposed funds outlined in my Unleashing Opportunity budget to launch pilots that evaluate the effectiveness of these new standards.”

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Given Virginia's status as home to the largest population of cybersecurity companies and personnel on the East Coast, leading technology research and development institutions, and crucial national security and military intelligence establishments, the state is uniquely exposed to the impacts of AI, according to the governor.

The policy and information technology standards outlined in EO 30 will be accessible through the Virginia Information Technologies Agency (VITA). These standards set technological requirements for AI use within government agencies, establishing an approval process for AI initiatives to ensure their safe and ethical implementation. The Education Guidelines lay out principles for AI use across all education levels, ensuring that students are equipped for future employment opportunities without compromising current learning experiences. The Executive Order also calls for the development of standards for AI use by law enforcement personnel.

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The AI Policy and Information Technology Standards are available .

The Guidelines for AI Integration Throughout Education in the Commonwealth of Virginia are available .

Communications and Technology

Breaking Down Virginia Gov. Youngkin’s New Executive Order on Artificial Intelligence

Gov. Youngkin’s executive order focuses on government use of AI, protects private sector innovation, and avoids heavy-handed regulations.

On January 18, 2024, Virginia Governor Glenn Youngkin issued Executive Order 30 on Artificial Intelligence. This narrowly tailored approach to AI regulation focuses on the responsible integration of AI across government agencies, K-12 schools, postsecondary institutions, and law enforcement. The governor further pledged to allocate proposed budgetary funds to launch AI pilots in state agencies.

Unlike President Biden’s sweeping executive order on AI last year, which provides for the micromanagement and strict government supervision of commercial AI models in the name of “trust and safety,” Governor Youngkin’s executive order instead focuses on government use of AI, protects private sector innovation, and avoids heavy-handed regulations being pursued in states like California and New York.

See below for a detailed breakdown of Executive Order 30:

New Policy Standards and an Artificial Intelligence Task Force to Guide Government Use of AI Services

In his Executive Order, Governor Youngkin acknowledged that AI products and services have already been adopted across many state government agencies in Virginia. When properly used, agencies can leverage modern AI tools to increase the efficiency and effectiveness of constituent services, conserving precious taxpayer dollars and reducing the size of government in the process. In the General Assembly, empowering state lawmakers and legislative staff with AI tools could transform the legislative process and make it easier for the public to understand the impacts of proposed legislation and rules in plain language.

To allow the Commonwealth to reap the positive benefits of AI services across government while mitigating the risks, Executive Order 30 directs the Virginia Information Technologies Agency (VITA) to develop new AI Policy Standards that establish uniform guiding principles for all Executive Branch Agencies. Such standards include guidance on the ethical use of AI, establish a mandatory approval process for AI implementation in agencies, establish mandatory disclaimers to accompany agency products or outcomes generated by AI, and prescribe measures to protect the personal data of private citizens. VITA will also publish separate AI Information Technology Standards that establish protocols and requirements for Commonwealth agencies and suppliers must follow when using AI products and in the procurement process.

The Order also provides for an Artificial Intelligence Task Force in Virginia to provide ongoing recommendations on the implementation of these standards on a biannual basis. Several states, including Louisiana, Texas, and Wisconsin, have similarly established dedicated AI task forces, select committees, or advisory boards studying AI’s promise and potential impact in state government.

Guidelines for Use of AI in K-12 Education, Postsecondary Institutions, and Law Enforcement

Executive Order 30 further establishes new Guidelines for AI Integration Throughout Education in the Commonwealth of Virginia designed to embrace technology innovation in education, while prioritizing student data privacy and mitigating discriminatory outcomes. Importantly, these guidelines solidify that “education is ultimately a human endeavor” and that “AI should never fully replace teachers.” Instead, AI tools should be used to augment the work of teachers, allow for more adaptive and personalized learning tailored to individual students, and equip Virginia’s youth with the digital skills they need to succeed in future careers.

Additionally, the Order directs the Secretary of Public Safety and Homeland Security in conjunction with the Attorney General to develop AI standards for all Executive Branch law enforcement agencies and personnel. Their respective agencies will study whether sufficient safeguards are in place to protect children from online predators using AI and assist local law enforcement with model standards for their use of AI in the field.

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Additional Resources:

ALEC Model Policies:

Stop Deepfake CSAM Act

Stop Non-Consensual Distribution of Intimate Deepfake Media Act

Resolution in Support of Free Market Solutions and Enforcement of Existing Regulations for Uses of Artificial Intelligence

ALEC Analysis:

Key Takeaways from Artificial Intelligence Week and President Biden’s AI Executive Order

ALEC Regulatory Comment:

A Free-Market Roadmap to Artificial Intelligence: ALEC Comment on the NTIA’s AI Accountability Policy

What is the Executive Order 30 in Virginia?

Breaking Down Virginia Gov. Youngkin’s New Executive Order on Artificial Intelligence - American Legislative Exchange Council