Laura Lee
When Maryland legislators needed to craft policies for artificial intelligence (AI) this year, they faced the daunting task of regulating a technology that evolves faster than laws can be written.
“Everyone recognizes the immense potential that AI can have on innovation, on improving efficiency, on just problem solving across industries,” said Markus Rauschecker, JD, cybersecurity program director at the University of Maryland Center for Health and Homeland Security (CHHS). “But we also recognize there are risks with this new technology, and we have to be mindful of those risks and how we can best address them.”
That’s where CHHS stepped in, providing crucial research and guidance that helped shape the state’s landmark Artificial Intelligence Governance Act that was signed into law by Gov. Wes Moore in spring 2024.
Throughout 2023, CHHS research assistants studied AI governance regulations across multiple states, presenting their findings to the Joint Committee on Cybersecurity, Information Technology and Biotechnology in the interim session.
In March 2024, the center’s research team, led by public policy and external affairs program director Ben Yelin, JD, and CHHS extern Quinn Laking, submitted a comprehensive report to the General Assembly detailing what other states are doing to regulate AI.
“Based on this research, we were able to identify best practices of other states that are wrestling with the task of balancing the potential benefits of AI while also establishing guardrails against its most deleterious effects,” Yelin said during testimony before the General Assembly last spring.
The resulting law requires state agencies to inventory their AI systems, mandates transparency in how AI is deployed, and prohibits agencies from using AI systems in “high-risk” scenarios that could violate constitutional rights.
The role in shaping AI policy is a natural extension of CHHS’ mission. Founded in 2002 by Michael Greenberger, JD, at the University of Maryland Francis King Carey School of Law, CHHS has evolved from a small policy center into a comprehensive consulting organization serving more than 80 clients worldwide. The center’s work spans emergency management, cybersecurity, public health, and homeland security. CHHS professionals develop plans for disaster response, create training programs for first responders, and help agencies navigate complex technology decisions.
The center maintains deep ties to Maryland Carey Law, where staff teach courses in cybersecurity and crisis management law while providing hands-on experience to law students through externships and research opportunities. The combination of academic expertise and real-world consulting allows CHHS to bridge the gap between legal theory and practical implementation of emerging technologies such as AI.
State Sen. Katie Fry Hester has relied on CHHS’ expertise to help craft technology legislation for nearly five years. “I have one-and-a-half staff,” said Hester, chair of the Joint Committee on Cybersecurity and a sponsor of the AI Governance Act. “I have [CHHS] on speed dial because they’re known experts in this area.”
“When you’re the United States government, you have full-time lawmakers, full-time staff, multiple large agencies that can try to figure this out,” said Chris Webster, JD, who as CHHS’ public safety technology program director works with clients to help them understand the implications of adopting AI. “Maryland legislators don’t enjoy any of that. That’s where we come in.”
Local AI Case Makes National News
The partnership proved to be timely. Just weeks before the AI Governance Act passed, a disturbing incident at Pikesville High School in Baltimore County made national headlines. The school’s athletic director allegedly used artificial intelligence to create fake racist recordings that impersonated the principal. The fabricated recordings led to the principal being placed on administrative leave before he was cleared.
“There isn’t a law on the books in any state that would address this type of alleged artificial intelligence usage,” Hester said. The incident has prompted new legislative efforts that CHHS is helping to shape.
CHHS also helped develop Senate Bill 978, which addresses the use of synthetic media — also known as deep fakes — in elections. The bill, which passed the Senate but not the House, aimed to regulate deep-fake videos during campaign seasons, similar to legislation recently passed in California.
A seasoned veteran of the legislative process, Yelin is not deterred by the bill’s initial failure.
“Sometimes you have to fail at trying to legislate something before you can succeed,” he said. “The goal is to try and get something across the finish line in 2025 that would apply to the next election cycle in 2026. Sometimes it takes two, three, four legislative sessions to get something across the finish line.”
Meanwhile, the CHHS team is helping craft legislation to address synthetic media misuse in cases such as the Pikesville High School incident.
“Chris [Webster] and I have been brainstorming a bunch of different options, ranging from reviving criminal defamation laws to creating some type of limited statute that would cover instances where someone intentionally harms somebody’s reputation using AI tools,” Yelin said.
Invaluable Work by Maryland Carey Law Students
The center’s artificial intelligence work extends beyond just drafting legislation. CHHS advises emergency managers on using AI tools for disaster response and 911 systems and helps state agencies evaluate AI technologies. Through Maryland Carey Law, the center helps train the next generation of AI policy experts, offering students opportunities to earn AI governance certifications and gain hands-on experience through coursework and externships.
Hester says the contributions of Maryland Carey Law students have been invaluable. “Since 2019, I’ve worked with Ben and his team, and there have been many, many students who have supported our work,” Hester said. “Without the students doing the detailed analysis of the bills, we couldn’t do what we do.”
Looking ahead, CHHS is working with legislators on several new AI-related bills for the 2025 session. “I have a bill that deals with private-sector algorithmic discrimination and bias,” Hester said, noting that it would require public disclosure when AI is used in hiring decisions and mandate impact assessments for AI systems making consequential decisions about lending or health care.
Since 2002, CHHS has grown from two employees to more than 35 professionals. While the center advises on policy, it maintains independence by not engaging in lobbying.
“We’re not selling anything. We’re not profit motivated,” Webster said. “We are centering the best interests of the community in Maryland in all of our decision-making.”
The Pikesville High School deep fake demonstrated that AI regulation isn’t just an abstract policy discussion — it’s also a growing need as artificial intelligence technology becomes more accessible and sophisticated.
Through its combination of academic research, practical experience, and legislative guidance, CHHS continues to help Maryland stay ahead of emerging AI challenges.
“This is just the beginning,” Rauschecker said. “As AI technology evolves, we need to ensure our policies evolve with it, maximizing benefits while protecting against potential harms. That’s what drives our work at CHHS every day.”
Read more about the center’s founder, Michael Greenberger, in this issue.
