As AI Accelerates, Kristi Nickodem Helps Public Officials Weigh its Promise and Peril

By Pam Moore

When Kristi Nickodem has a free moment, you can probably find her reading. The UNC School of Government faculty member might be immersed in a memoir or novel—but more often than not, she's catching up on the latest developments in artificial intelligence (AI).

“I'm reading the news first thing in the morning, seeing updates throughout the day, and usually checking the news last thing at night,” she said.

That’s because Nickodem teaches, consults, and writes about how local governments can use and respond to technology, including AI—services North Carolina government officials have come to rely on in recent years.

“It’s challenging for government officials and employees to keep up with all the latest developments in the law, much less the constant changes in technology,” said Nickodem. “I get to add value by helping them understand and navigate the potential legal risks that are unique to the government context.”

Meeting a Growing Need

AI has been a significant focus of Nickodem’s work since ChatGPT's public launch in late 2022. Since then, demand for guidance on how and when to use it has exploded among government officials. Nickodem notes that public officials want to figure out how to take advantage of advances in AI but are also responding to new concerns the technology has created.

“For example, judges are interested in figuring out how AI can make the courts more efficient but are also facing a flood of AI-generated court filings from self-represented litigants,” said Nickodem. “Schools are trying to figure out how to use AI in the classroom, while also dealing with students using AI-manipulated deepfake images to harass and bully their classmates. Clerks are experimenting with AI to help draft minutes of public meetings but are also facing an increase in AI-generated public records requests. Law enforcement officers are working with AI tools to help identify suspects but are also responding to new types of extortion and exploitation crimes involving AI.”

Because of AI’s ubiquity—and the myriad issues surrounding it, over the past several years, Nickodem has provided dozens of trainings annually to a range of public officials, including city managers, elected officials, judges, law enforcement officers, and attorneys, to name a few. “From the mountains to the beach, we are providing training all over North Carolina,” she said.

Finding Clarity in a Fast-Moving Field

“It really feels like we have been in an AI gold rush for the last few years with tons of vendors rushing into this space and targeting local governments,” said Nickodem. “So it can be challenging to cut through that hype and provide a perspective on AI that evaluates the risks and benefits in a balanced way.”

To make matters more complex, Nickodem emphasized that public-sector adoption comes with unique legal and ethical considerations. “For example, when governments use AI in decision-making, those decisions may impact citizens’ constitutional rights,” she explained. “Governments also have to comply with a variety of confidentiality laws and public records laws that don’t apply to businesses and organizations operating in the private sector.”

Meanwhile, generative AI can—and does—make mistakes. “Generative AI has proven to have problems with producing accurate and reliable information, which may carry unique risks in the context of government work if appropriate guardrails are not in place,” said Nickodem.

Staying Connected to the Field

Nickodem's understanding of AI is informed not only by research and experimenting with the technology, but also by ongoing conversations with the public officials she serves across North Carolina. “I'm constantly learning from the people I work with,” she said. “They are the ones grappling with these issues every day.”

Each year, thousands of government officials and employees reach out to the School of Government, including many who have legal questions around technology. These interactions provide Nickodem with valuable insight into how technology affects and is used by communities across the state—and which topics to address in her scholarship.

In addition to emails and phone calls, Nickodem also connects with local government officials in person. “I'll have those encounters with local government officials in the context of conferences or training events where I'm seeing them, and they're letting me know something new that's happening in their jurisdiction,” she said.

Looking Ahead

While AI remains a major focus for governments, Nickodem sees the pendulum starting to swing toward AI skepticism. “I think we’re beginning to see the emergence of an AI backlash,” she said. “Whether it’s potential job losses, data center construction, rising energy costs, the rise of online deepfakes, or growing mistrust of AI-generated content, people are finding lots of reasons to be frustrated or concerned about the impact of AI on our society.”

Going forward, governments will have to navigate the shifting public perception of AI, “including how to balance the possible efficiency gains of these tools with the need for public trust,” said Nickodem.

In the next few years, Nickodem also foresees an uptick in state and federal court decisions on cases involving AI. “[This includes] rulings on the admissibility of AI-generated or AI-enhanced evidence and cases involving constitutional challenges to laws prohibiting certain types of AI-generated material.”

Defining Success

The unrelenting pace of technological change can feel overwhelming, but for Nickodem, it only underscores the importance of the School of Government's work to respond to the pressing needs of public officials.

“I see a massive need across the state for more training and information on issues at the intersection of law and technology,” she said. “I’m deeply motivated by wanting our public servants in state and local government to be able to make well-informed decisions around technology, both in terms of how it is used in government service and how the government may have to regulate or respond to it.”

While the School of Government’s impact is hard to quantify, Nickodem knows progress when she sees it. “I’m excited when I see local governments developing policies in response to my trainings or my written resources, whether that’s a policy on AI or social media or filming videos on government property,” she said. “Local governments have lots of different approaches to those topics, but taking the time to define that approach in a concrete way through a written policy is incredibly important.”