Maryland State Executive Order 01.01.2024.02

Establishes an AI Subcabinet to ensure responsible AI use by Maryland state agencies, promoting principles of fairness, transparency, and innovation, while safeguarding privacy and security. Requires development of an AI Action Plan and training programs for state employees.

  • Authority: Maryland
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: U.S. state and local documents
  • Most recent activity: Enacted
  • Most recent activity date: 2024-01-08

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Unfair discrimination and misrepresentation
  • AI system security vulnerabilities
  • Governance failure
  • Lack of transparency or interpretability

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Unequal performance across groups
  • Compromise of privacy
  • Loss of human agency and autonomy
  • Increased inequality and decline in employment
  • Lack of capability or robustness

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal to good coverage of approximately 6-8 subdomains, with primary focus on governance (6.5), security vulnerabilities (2.2), unfair discrimination (1.1), and privacy compromise (2.1). Coverage is concentrated in governance structures, fairness/equity principles, and security considerations for state AI use.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Public Administration (excl. National Security)

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • National Security

All other sectors had no coverage in this document.

Sectors Summary

This executive order governs AI use exclusively within Maryland state government operations, which primarily falls under Public Administration. The document also identifies three critical domains for future study: workforce, economic development, and security, but does not currently regulate AI use in private sector industries.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding executive order issued by the Governor of Maryland with legal authority under the state constitution and laws. It contains mandatory language establishing governance structures and requiring state agencies to cooperate and comply.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: Governor Wes Moore; State of Maryland
  • Summary: The executive order is issued by Governor Wes Moore by virtue of authority vested in him by the Maryland Constitution and laws, establishing him as the proposer of this governance instrument.

Target

  • Entity Types: AI_Governance_Actor, AI_Deployer
  • Entities: Maryland state agencies; Executive Branch departments and agencies; Department of Information Technology; Department of Budget and Management; Department of General Services; Department of Labor; Department of Commerce; Governor's Office of Homeland Security
  • Summary: The order explicitly applies to Maryland state government agencies and Executive Branch departments, requiring them to use AI according to specified principles and cooperate with the AI Subcabinet.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: AI Subcabinet; Governor's Executive Council; Secretary of Information Technology (Chair); Department of Information Technology
  • Summary: The AI Subcabinet is established to ensure principles are followed, promote compliance, provide oversight, and coordinate responsible AI use across state government. The Secretary of Information Technology chairs this body.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: AI Subcabinet; Department of Information Technology; Chief Privacy Officer; Chief Data Officer
  • Summary: The AI Subcabinet and Department of Information Technology are tasked with monitoring AI tools, conducting risk assessments, and ensuring continuous compliance with state values and principles.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Plan and Design
  • Collect and Process Data
  • Build and Use Model
  • Verify and Validate
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document covers multiple AI lifecycle stages with primary focus on Plan and Design (establishing principles and governance), Deploy (procurement and implementation), and Operate and Monitor (continuous monitoring and assessment). It addresses the full lifecycle from planning through operational monitoring for state AI systems.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • AI Models
  • AI Systems
  • Generative AI

Technical Scope Summary

The document explicitly mentions AI and Generative AI (GenAI) with formal definitions. It does not specifically mention frontier AI, general purpose AI, task-specific AI, foundation models, predictive AI, open-weight models, or compute thresholds. The focus is on AI systems broadly used by state government.

https://governor.maryland.gov/Lists/ExecutiveOrders/Attachments/31/EO%2001.01.2024.02%20Catalyzing%20the%20Responsible%20and%20Productive%20Use%20of%20Artificial%20Intelligence%20in%20Maryland%20State%20Government_Accessible.pdf
https://agora.eto.tech/instrument/2062
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Document data from AGORA, CSET Emerging Technology Observatory.