Artificial intelligence (AI) has rapidly become a crucial tool in nearly every industry. Government is no exception. AI’s ability to synthesize and organize information while reducing the load of burdensome paperwork has helped civil servants across the country tremendously. Louisiana has championed the potential of AI and the current administration has devoted time and resources to helping the state become a leader in the field. Recently, Governor Jeff Landry issued two executive orders (EOs), the “State Government’s Use of AI” and an amended version of the same, “Amended State Government’s Use of AI.” The executive orders raise important questions about the global implications of AI adoption and highlight the need for a federal standard for AI use.

The first EO was signed in late August and places a temporary pause on the procurement of AI by any state agency until December 15. The EO also prohibits agencies from inputting sensitive information into any AI systems already in use. Finally, the EO calls upon agencies to evaluate and correct any areas where data is being misused, incorrectly shared, or anything else that would “compromise the reliability or integrity of AI outputs.”

The second EO clarifies areas of the first and provides additional context. Voicing concerns over DeepSeek and other Chinese technology, the amended EO traces the state’s efforts over the last year to better understand any threats posed by the People’s Republic of China (PRC) to American AI users. The amended version broadens the scope of the EO by calling upon Louisiana’s colleges and universities to be vigilant: “presidents of post secondary schools should be aware that universities and institutions of higher education have become targets for nation-states. Programs like DeepSeek, a product of the Communist Chinese Party, can produce nefarious results and collect sensitive information and have no place in our universities.”

In addition to clarifying the reason for the EO, the amended version adds the compliance measure that any agency use of AI must first be approved by the Chief Information Officer or “the agency head for agencies outside the scope of the office of technology service, to ensure it is secure and reliable.”

The Governor’s Office is correct in identifying Chinese AI as a threat to American governance. China has explicitly stated that it is seeking global AI dominance, and American adoption of its technology is certainly a vital part of this plan. When DeepSeek, the Chinese AI model, broke onto the scene in the United States, the nation was forced to acknowledge China as a serious competitor in the global AI race.

The question, then, is how should the United States protect its citizens and data from nefarious forces while continuing to encourage innovation and excellence from American AI? After DeepSeek broke out, R Street Senior Fellow Adam Thierer offered a powerful testimony before the House Committee on Science, Space, and Technology on this very subject, concluding, “We must reembrace America’s core advantage in this fight with China: freedom—the freedom to innovate, invest, speak, learn, and grow using advanced technological systems.”

State governments alone cannot strike the balance between caution and innovation; clear guidance from Congress is essential. The principles of federalism offer a stronger alternative to states creating regulations with impacts that span state lines. The amended EO even mentions Louisiana’s request to Congress earlier this year, noting that Louisiana’s attorney general, along with other state attorneys general, “sent a letter to Congress requesting Congress to pass a bill to prohibit government devices from downloading and using the Chinese Communist Party’s DeepSeek AI Software to protect our nation’s secrets from Chinese espionage.”

Louisiana has benefitted greatly from the use of AI, from fixing roads to empowering students. Our public servants and institutions have demonstrated their ingenuity in leveraging the technology. To protect government systems from privacy risks and the misuse of AI, the State should continue calling on Congress to confront the threat from China by establishing a federal framework that ensures both security and flexibility for state officials.

 

Links to Learn More

Foreign policy ban impacts education entities, state agencies | Louisiana | thecentersquare.com

Adam Thierer Testimony, Hearing on “DeepSeek: A Deep Dive” – R Street Institute

The AI Race – Pelican Institute for Public Policy