Sahil Lavingia, a DOGE operative, attempted to deploy the AI tool OpenHands to write code within VA systems—despite it being unvetted, unapproved, having the ability to run commands, browse the web...

Asking ChatGPT-4o: Please analyze the article "Inside DOGE’s AI Push at the Department of Veterans Affairs" and tell me, which suggested activities by DOGE are likely to be unlawful or unconstitutional? List them all and provide robust arguments.

ChatGPT-4o’s answer:
Based on the WIRED article “Inside DOGE’s AI Push at the Department of Veterans Affairs”, several activities proposed or undertaken by DOGE operatives at the VA raise serious legal and constitutional concerns. Here's a list of those likely to be unlawful or unconstitutional, along with robust legal reasoning:

1. Unauthorized Access and Use of AI Tools on Government Systems

Issue: Sahil Lavingia, a DOGE operative, attempted to deploy the AI tool OpenHands to write code within VA systems—despite it being unvetted, unapproved, and having the ability to run commands, browse the web, and call APIs​.

Legal Concerns:

• Federal Information Security Management Act (FISMA) and related OMB/NIST guidance require rigorous vetting and approval of software used in federal systems, particularly those handling PII and PHI (e.g., veterans’ SSNs and medical records).

• Violation of 18 U.S.C. § 1030 (Computer Fraud and Abuse Act) could occur if privileged access (“zero account”) was granted improperly or without legal authorization.

• Risk of breach of HIPAA and Privacy Act of 1974, given potential exposure of sensitive health and identity data due to unsecure AI deployment.

Conclusion: This appears unlawful due to failure to meet required federal cybersecurity protocols and potential unauthorized data access.

2. Use of Veterans’ SSNs and Personal Data to Autofill Forms Without Authentication

Issue: Lavingia suggested using veterans’ Social Security numbers or other identifiers to prefill forms—even when the user is not logged in​.

Legal Concerns:

• Violation of the Privacy Act of 1974: Using personally identifiable information (PII) without explicit consent or proper authentication violates statutory data protection rules.

• Identity theft and fraud risks: The approach could allow malicious actors to impersonate veterans and access benefits unlawfully—possibly contravening laws like 18 U.S.C. § 1028 (fraudulent use of ID).

• Due Process Clause (Fifth Amendment) implications if veterans are denied control or notice over their personal data use in accessing government services.

Conclusion: Likely unlawful, and potentially unconstitutional under federal privacy and due process standards.

3. Digitizing All VA Forms and Eliminating Paper Options

Issue: Lavingia proposed full digitization of over 400 VA forms, eliminating paper forms despite many veterans being elderly or disabled​.

Legal Concerns:

• Violation of Section 508 of the Rehabilitation Act: Requires that electronic services be equally accessible to individuals with disabilities. Fully eliminating paper options would discriminate against blind, elderly, or tech-inexperienced veterans.

• Fifth Amendment (Equal Protection via Due Process): Could be construed as discriminatory against older or disabled veterans, impeding access to earned government services.

Conclusion: Constitutionally questionable and discriminatory under accessibility laws.

4. Recording Meetings Without Consent or Policy Review

Issue: Lavingia began recording Microsoft Teams calls at the VA without prior consent, suggesting it should be policy to “assume all meetings are recorded”​.

Legal Concerns:

• Violation of federal and state wiretap/recording laws: Federal law (18 U.S.C. § 2511) and state laws (e.g., all-party consent in some jurisdictions) regulate the recording of conversations. Federal agencies also require policy compliance.

• Violation of internal VA policy or federal employee rights, especially around labor law and collective bargaining (if unionized staff are involved).

Conclusion: Possibly unlawful, and highly irregular within federal workplace procedures.

5. Circumventing Procurement and Employment Protections

Issue: DOGE operatives like Volpert are reportedly reviewing VA contracts with the intent to cancel them, and the VA has failed to renew critical service contracts—replacing them with vague, untraceable internal labor supposedly from “one engineer”​.

Legal Concerns:

• Violation of the Federal Acquisition Regulation (FAR): Federal contract cancellations must follow strict justification, fairness, and transparency rules. Ad hoc cancellation for ideological reasons could be unlawful.

• Violation of civil service protections: If federal employees are dismissed en masse without due process, it may breach merit systems protections (see 5 U.S.C. § 2301 et seq.).

Conclusion: Likely unlawful under procurement law and civil service protections.

6. Failure to Ensure Accessibility in Website Changes (Section 508 Violation)

Issue: Lavingia forced a change from “Twitter” to “X” on VA websites, rejecting accommodations to make it compliant with Section 508 accessibility standards​.

Legal Concerns:

• Section 508 of the Rehabilitation Act mandates digital interfaces be usable by individuals with disabilities.

• Ignoring input from accessibility staff and knowingly pushing through non-compliant design is a direct violation.

Conclusion: Unlawful under Section 508; exposes VA to litigation or sanctions.

7. Conflict of Interest: Working on Private Projects While Embedded at VA

Issue: Lavingia appears to be working on his own commercial product ("Flexile"/"Antiwork") during his time at VA, based on GitHub activity​.

Legal Concerns:

• Federal conflict-of-interest statutes (18 U.S.C. § 208) prohibit federal employees or contractors from participating in matters that could affect their financial interests.

• Ethics in Government Act and Office of Government Ethics (OGE) rules prohibit federal appointees from engaging in overlapping private work without disclosure and clearance.

Conclusion: Likely unlawful if done without proper disclosures and approvals.