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Vetting AI for Government: California’s Executive Order Sets New Expectations

By Kathryn Rattigan on April 9, 2026
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California Governor Gavin Newsom issued a new executive order aimed at tightening California’s procurement rules for artificial intelligence (AI) vendors and “raising the bar” for companies that want to sell AI tools to the state. The administration says the goal is to ensure contractors meet strong standards and can demonstrate responsible policies that prevent misuse, while protecting users’ safety and privacy. The announcement also frames California’s approach as a contrast to recent federal contracting “missteps,” emphasizing that AI adopted by the state should not enable bad actors to exploit data, undermine security, or violate civil rights. 

Practically, the order directs the Government Operations Agency to develop a plan for updated contracting processes and best practices that vet companies based in part on how they attest to and explain safeguards addressing key risks, including exploitation or distribution of illegal content, biased model behavior or lack of bias prevention technology, and violations of civil rights and free speech in AI tools. It also allows the state to separate its procurement authorization process for AI tools from the federal government (when needed). In addition, the governor directs the California Department of Technology to develop recommendations and best practices for watermarking AI-generated images or manipulated video consistent with state law.

The order is not only about restrictions—it also commits California to expanding generative AI use to improve public services, including a new AI-directed tool intended to help Californians navigate programs and benefits by life events, like starting a business or finding a job. Alongside that service-delivery push, the state plans a statewide engagement effort through the Engaged California program to gather input on how AI may impact the workforce, signaling that California wants both stronger guardrails and a clearer public mandate as AI adoption accelerates. To see the full executive order click here.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy and Security Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy and Security Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.

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  • Posted in:
    Intellectual Property
  • Blog:
    Data Privacy + Cybersecurity Insider
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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