Alongside California and Colorado, Utah has emerged as one of the most active states in regulating the deployment and use of artificial intelligence ("AI"). Diverging from Colorado's approach, Utah first enacted laws in 2024...more
Broadband and telecommunications service providers should redouble efforts to comply with the rules of the FCC's "E-Rate" program that subsidizes service to schools and libraries as a result of a Supreme Court ruling that...more
Update as of January 2, 2025: The U.S. Court of Appeals for the 6th Circuit issued a decision on the consolidated petitions for review of the FCC's 2024 Open Internet Order. In its January 2 decision, which relies heavily on...more
1/3/2025
/ Appellate Courts ,
Broadband ,
Broadband Internet Access Services (BIAS) ,
Chevron Deference ,
Customer Proprietary Network Information (CPNI) ,
Disability Access Claims ,
Enforcement ,
FCC ,
General Duty Clause ,
Internet ,
Loper Bright Enterprises v Raimondo ,
Net Neutrality ,
No-Blocking Rules ,
Popular ,
Privacy Laws ,
Rate Regulations ,
Reclassification Rules ,
Statutory Authority ,
Tariffs ,
Telecommunications ,
Title II ,
Transparency
Governor Newsom has vetoed SB 1047 but signed into law three other laws regulating the development and deployment of certain artificial intelligence (AI) tools. As explained in detail in our prior post, California's...more
Last week, the California Legislature passed several bills that, if signed by the governor, will regulate how organizations develop, train, and use artificial intelligence (AI) models, systems, and applications. Of these...more
9/10/2024
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
Compliance ,
Covered Providers ,
Cyber Attacks ,
Damages ,
Deep Fake ,
Disclosure Requirements ,
Employment Contract ,
Enforcement ,
Incident Response Plans ,
Machine Learning ,
Penalties ,
Proposed Legislation ,
Regulatory Reform ,
Reporting Requirements ,
Risk Assessment ,
Training ,
Transparency
On July 26, NIST released a final version of its Generative Artificial Intelligence Profile (GenAI Profile), a cross-sectoral profile of and companion to the AI Risk Management Framework (AI RMF) (for further detail on the AI...more
8/7/2024
/ Artificial Intelligence ,
Chemical Weapons ,
Child Abuse ,
Data Privacy ,
Deep Fake ,
Environmental Impact Statements ,
Executive Orders ,
Governance Standards ,
Guidance Update ,
Intellectual Property Protection ,
Machine Learning ,
Negligence ,
NIST ,
Nuclear Weapons ,
Risk Mitigation
Proposed rules would reduce funding recipients' burdens by reducing LOC valuation requirements and expanding the number of eligible banks -
On June 7, 2024, the Federal Communications Commission ("FCC") issued a Notice of...more
The FCC recently issued a Notice of Apparent Liability for Forfeiture (NAL) proposing a $6 million fine on a political consultant for allegedly carrying out an illegal robocall campaign using caller ID spoofing and an...more
6/17/2024
/ Artificial Intelligence ,
Deep Fake ,
Disclosure Requirements ,
Enforcement ,
FCC ,
Fines ,
Notice of Apparent Liability (NAL) ,
Political Advertising ,
Robocalling ,
Rulemaking Process ,
Spoofing ,
TCPA ,
Telecommunications
On May 7, 2024, the Federal Communications Commission (FCC) issued its latest network neutrality order, Safeguarding and Securing the Open Internet (the "Order"), which was published in the Federal Register on May 22, 2024,...more
6/7/2024
/ Broadband ,
Broadband Internet Access Services (BIAS) ,
Chevron Deference ,
Child Abuse ,
Communications Act of 1934 ,
Congressional Review Act ,
Copyright Infringement ,
Data Privacy ,
Data Protection ,
Enforcement ,
FCC ,
Internet ,
National Security ,
Net Neutrality ,
Open Internet Rules ,
Preemption ,
Privacy Laws ,
Public Safety ,
Telecommunications ,
Transparency ,
Website Accessibility
On March 15, 2024, the Bipartisan Senate Artificial Intelligence Working Group (the "AI Working Group")—led by Senate Majority Leader Chuck Schumer (D-N.Y.) and Sens. Mike Rounds (R-S.D.), Martin Heinrich (D-N.M.), and Todd...more
5/24/2024
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Copyright ,
Data Privacy ,
Department of Energy (DOE) ,
General Elections ,
Innovation ,
Intellectual Property Protection ,
Machine Learning ,
NASA ,
National Security ,
New Rules ,
NIST ,
Policies and Procedures ,
Risk Mitigation ,
Transparency
On May 17, Colorado Governor Jared Polis signed into law the Colorado Artificial Intelligence Act (SB 205)("CAIA"), a measure passed out of the legislature on May 8 and now scheduled to become effective February 1, 2026. The...more
5/21/2024
/ Affirmative Defenses ,
Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Corporate Counsel ,
Disclosure Requirements ,
Documentation ,
Duty to Report ,
Enforcement ,
Intellectual Property Protection ,
New Regulations ,
NIST ,
Risk Management ,
Transparency ,
Websites
On March 13, 2024, Utah enacted the Artificial Intelligence Policy Act ("AIPA"), which creates two types of disclosure requirements for a business or person that "uses, prompts, or otherwise causes" generative AI applications...more
Late last week, the FTC released a notice seeking comment on a proposed rule that could create potential liability for generative AI developers. Specifically, the agency is requesting comments on a new rule that would...more
The U.S. Department of Commerce's ("Commerce") Bureau of Industry and Security ("BIS") has issued a proposed rule (the "Proposed Rule") that would impose significant diligence, reporting, and recordkeeping requirements on...more
2/15/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Cloud Service Providers (CSPs) ,
Cybersecurity ,
IaaS ,
Know Your Customers ,
Machine Learning ,
Patent Infringement ,
Penalties ,
Proposed Rules ,
Reporting Requirements ,
Training ,
U.S. Commerce Department
On February 2, 2024, representatives from the European Union (EU) member states formally approved the final text of the EU Artificial Intelligence Act (the Act), which will be subject to final legislative approval in the...more
Key Areas for Comment in the Request for Information -
Developing guidelines, standards, and best practices for AI safety and security.
Developing a companion resource to the Risk Management Framework for generative...more
In 2022, the Federal Communications Commission (FCC) launched the Affordable Connectivity Program (ACP) under a finite $14.2 billion Congressional appropriation that is now forecast to be exhausted by April 2024. The FCC has...more
On November 27, 2023, the California Privacy Protection Agency (CPPA) released draft regulations mandating notice, opt-out, and information access requirements for companies using automated decision-making technology (ADMT)...more
12/8/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Business Entities ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Criminal Justice Reform ,
Cybersecurity ,
Employer Liability Issues ,
Financial Services Industry ,
Healthcare ,
Machine Learning ,
New Rules ,
Notice Requirements ,
Opt-Outs ,
Regulatory Agenda ,
Technology Sector ,
Transparency
The AI executive order moves the U.S. closer to a broader unified approach on federal AI regulation, expanding on the AI Bill of Rights and NIST AI Risk Management Framework and focusing on the responsible development and...more
11/8/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Defense Production Act ,
Department of Energy (DOE) ,
Department of Homeland Security (DHS) ,
ECOA ,
Executive Orders ,
Fair Credit Reporting Act (FCRA) ,
Fair Housing Act (FHA) ,
HUD ,
Infrastructure ,
National Security ,
NIST ,
OMB ,
Patent Trial and Appeal Board ,
Popular ,
Privacy Laws ,
Public Health ,
Risk Management ,
Security Standards ,
Technology Sector ,
U.S. Commerce Department
The Hollywood writers' strike ended last Tuesday with an agreement to manage the disruption caused by automation – a framework that likely will be repeated in other workplaces....more
On Monday this week, Anna Gomez was formally sworn in as the FCC's fifth commissioner, bringing the Commission back to its full complement and giving Chairwoman Rosenworcel a third Democratic vote. The very next day,...more
On August 16, 2023, the Federal Election Commission (FEC) published a Notice of Availability of Petition for Rulemaking (Notice) seeking comment on whether it should initiate a formal rulemaking to clarify that existing...more
9/1/2023
/ Advertising ,
Artificial Intelligence ,
Deep Fake ,
Federal Election Campaign Act ,
Federal Election Commission (FEC) ,
First Amendment ,
Fraud ,
Misrepresentation ,
Parody ,
Petition for Rulemaking ,
Political Campaigns ,
Satire
The CPPA kicked off a first round of rulemaking in May 2022 and finalized that set of rules in March of this year. At the latest California Privacy Protection Agency (CPPA) meeting, the CPRA Rules Subcommittee (Rules...more
8/18/2023
/ Artificial Intelligence ,
Audits ,
Automated Systems ,
California ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Criminal Justice Reform ,
Cybersecurity ,
Machine Learning ,
New Regulations ,
Personal Information ,
Popular ,
Privacy Laws ,
Risk Assessment ,
Rulemaking Process
The Cybersecurity Administration of China ("CAC") and six other agencies jointly promulgated Interim Measures for the Administration of Generative Artificial Intelligence Services ("Generative AI Measures" or "Rules"), that...more
7/31/2023
/ Algorithms ,
Artificial Intelligence ,
China ,
Compliance ,
Consent ,
Corporate Counsel ,
Cybersecurity ,
Digital Service Providers ,
Intellectual Property Protection ,
Interim Rule ,
Labeling ,
Licensing Rights ,
Machine Learning ,
Personal Information ,
Research and Development ,
Technology Sector ,
Training
On July 21, the White House announced that seven leading AI companies (Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI) have agreed to make voluntary commitments around three key areas of their AI systems:...more