Virginia Executive Directive 5 (2023)

Directs the Office of Regulatory Management to establish AI standards, review laws, ensure transparency, and make recommendations for AI use. Tasks coordination with education and workforce institutions for AI guidelines. Requires completion of actions by December 15, 2023.

  • Authority: Virginia
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: U.S. state and local documents
  • Most recent activity: Enacted
  • Most recent activity date: 2023-09-20

Risk subdomain coverage

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

  • Compromise of privacy
  • AI system security vulnerabilities
  • False or misleading information
  • Increased inequality and decline in employment
  • Governance failure
  • Environmental harm
  • Lack of transparency or interpretability

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal coverage of risk domains, with brief mentions of privacy (2.1), security (2.2), misinformation concerns in education (3.1), transparency/interpretability (7.4), and governance structures (6.5). Most mentions are high-level concerns rather than detailed risk assessments. Coverage is concentrated in privacy/security and governance domains, with scores of 2 (minimal coverage) for most mentioned subdomains.

Sector coverage

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

  • Educational Services
  • Public Administration (excl. National Security)

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

  • Trade, Transportation & Utilities
  • Information
  • Professional & Technical Services
  • Scientific Research & Development Services
  • Health Care & Social Assistance
  • National Security

All other sectors had no coverage in this document.

Sectors Summary

This executive directive primarily governs AI use within Public Administration (state government operations), with explicit coverage of Educational Services (K-12 and higher education), and consideration of impacts on multiple sectors including Healthcare, Transportation, Information, and Professional Services through economic development planning.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding executive directive issued by the Governor of Virginia with constitutional and statutory authority, containing mandatory language and establishing enforceable obligations for state agencies.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: Governor of Virginia; Office of the Governor
  • Summary: The document is issued by the Governor of Virginia exercising executive authority under Article V of the Virginia Constitution. The Governor is the primary proposer and issuing authority.

Target

  • Entity Types: AI_Governance_Actor
  • Entities: Office of Regulatory Management; Chief Information Officer; relevant Secretariats; state agencies and offices; Department of Education; SCHEV; institutions of higher education; Virginia Economic Development Partnership; Virginia Department of Energy; Office of the Attorney General
  • Summary: The directive applies to state government agencies and offices, specifically tasking the Office of Regulatory Management, Chief Information Officer, and various state departments and educational institutions with implementing AI standards and conducting reviews.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Office of Regulatory Management; Chief Information Officer; Office of the Governor
  • Summary: The Office of Regulatory Management in coordination with the Chief Information Officer is tasked with establishing standards and ensuring compliance. The Governor retains ultimate enforcement authority through executive power.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: Office of Regulatory Management; Chief Information Officer
  • Summary: The Office of Regulatory Management and Chief Information Officer are responsible for reviewing existing laws, evaluating AI impacts, and developing standards, which includes ongoing monitoring responsibilities.

AI Lifecycle Stages

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

  • Plan and Design
  • Verify and Validate
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document addresses multiple AI lifecycle stages with primary focus on deployment and operational monitoring of AI systems in state government. It covers planning and design through requirements for standards development, verification through transparency and accountability requirements, and deployment and monitoring through ongoing evaluation and safeguards.

Technical Scope

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

  • Compute Threshold

Technical Scope Summary

The document uses the general term 'artificial intelligence (AI)' and 'AI technologies' throughout without defining specific technical categories. It does not explicitly mention AI models, AI systems, frontier AI, general purpose AI, foundation models, generative AI, or compute thresholds. The scope is broad and technology-agnostic.

https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/Executive-Directive-No.-5---Recognizing-the-Risks-and-Seizing-the-Opportunities-of-Artificial-Intelligence.pdf
https://agora.eto.tech/instrument/2250
Explore in the Document View

Document data from AGORA, CSET Emerging Technology Observatory.