In this episode, partners Duane Pozza, Kat Scott, Joan Stewart, and Craig Smith discuss the main questions facing artificial intelligence (AI) as we move into the new year. They analyze topics such as defining the scope of...more
The New Jersey Legislature this week passed Senate Bill 332 (SB 332), a comprehensive consumer data privacy bill. Since its conception, the bill has undergone significant revisions that expanded a once narrow bill into a more...more
1/15/2024
/ Biometric Information ,
Consumer Privacy Rights ,
Minors ,
New Jersey ,
New Legislation ,
Opt-Outs ,
Privacy Laws ,
Right to Delete ,
Right To Know ,
Sensitive Personal Information ,
State Privacy Laws
As we enter the New Year, Wiley has looked back at the top cyber issues for 2023 and what they mean for 2024. Last year, we saw the rollout of the National Cybersecurity Strategy—which outlined a new era of cyber oversight—as...more
1/3/2024
/ Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
FBI ,
Federal Acquisition Regulations (FAR) ,
Federal Trade Commission (FTC) ,
FISA ,
NIST ,
NSTAC ,
NYDFS ,
OMB ,
Popular ,
Ransomware ,
Securities and Exchange Commission (SEC) ,
TSA
2023 has been a big year for AI with the landmark Executive Order for Safe, Secure, and Trustworthy Artificial Intelligence (EO) adding to the already busy and dynamic AI landscape. Issued less than two months ago, the EO has...more
12/22/2023
/ Artificial Intelligence ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Defense (DOD) ,
Emerging Technology Companies ,
Executive Orders ,
FCC ,
Federal Trade Commission (FTC) ,
National Security ,
NIST ,
Notice of Inquiry ,
OMB ,
Popular ,
Risk Management ,
Robocalling ,
TCPA ,
U.S. Commerce Department ,
UK
There has been a lot of coverage about the Federal Communications Commission’s (FCC and Commission) new and expansive data breach notification Order, approved on a 3-2 vote at the Commission’s December 13 Open Meeting. Much...more
The end of the year is a good time to revisit your organization’s privacy policy to ensure it is accurate and up to date. Notably, at least one state privacy law – the California Consumer Privacy Act (CCPA) – requires that a...more
Federal Communications Commission (FCC or Commission) Chairwoman Jessica Rosenworcel issued a Press Release yesterday announcing that the agency’s Privacy and Data Protection Task Force (Task Force) signed Memoranda of...more
12/8/2023
/ Communications Act of 1934 ,
Customer Proprietary Network Information (CPNI) ,
Data Privacy ,
Data Security ,
Enforcement ,
FCC ,
Federal Trade Commission (FTC) ,
Investigations ,
Memorandum of Understanding ,
Notice of Inquiry ,
Telecommunications
On November 27, 2023, the California Privacy Protection Agency (CPPA) released draft regulations for automated decision-making technology (ADMT). While the CPPA has not officially begun the formal rulemaking process, the...more
11/30/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
COPPA ,
Data Profiling ,
Opt-In ,
Opt-Outs ,
Personal Information ,
Proposed Regulation ,
Risk Assessment
On November 29, 2023, the National Telecommunications and Information Administration (NTIA) released a Notice of Opportunity for Public Input on the forthcoming implementation plan for the agency’s National Spectrum Strategy...more
On November 16, 2023, the Federal Communications Commission (FCC) released a Notice of Inquiry (NOI) to seek information on the implications of emerging artificial intelligence (AI) technologies on robocalling, and the...more
The Black Cat/ALPHV ransomware group filed a complaint with the U.S. Securities and Exchange Commission (SEC) to allege that one of their victims failed to disclose a cyberattack to the SEC within four days, reports Bleeping...more
On November 13, 2023, the National Telecommunications and Information Administration (NTIA) released its National Spectrum Strategy (Strategy)—a “high-level blueprint” articulating the Biden-Harris Administration’s national...more
11/14/2023
/ Artificial Intelligence ,
Data-Sharing ,
Department of Defense (DOD) ,
FCC ,
Federal Aviation Administration (FAA) ,
Machine Learning ,
Media ,
NTIA ,
Satellites ,
Telecommunications ,
Unmanned Aircraft Systems ,
Wireless Industry ,
Wireless Technology
On November 1, 2023, the Office of Management and Budget (OMB) released a Proposed Memorandum on Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (Draft Memorandum), which aims...more
11/7/2023
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Federal Contractors ,
Federal Employees ,
Governance Standards ,
Infrastructure ,
Innovation ,
NIST ,
OMB ,
Risk Management ,
Transparency
On October 30, 2023, the White House released an Executive Order for Safe, Secure, and Trustworthy Artificial Intelligence (EO), which outlines a sweeping plan for encouraging the development and managing the risks of...more
11/1/2023
/ Artificial Intelligence ,
Best Practices ,
Bias ,
Civil Rights Act ,
Critical Infrastructure Sectors ,
Defense Production Act ,
Department of Homeland Security (DHS) ,
Discrimination ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Healthcare ,
Intellectual Property Protection ,
Joe Biden ,
National Security ,
NIST ,
OSTP ,
Public Health ,
Secretary of State ,
Training ,
U.S. Commerce Department
As the tide turns toward another election cycle, the explosion of artificial intelligence (AI) raises alarms in the campaign space. Wiley Election Law partner Caleb Burns moderates a discussion with fellow Election Law...more
A recent spate of successful legal challenges has provided some relief from the ever-swelling wave of state privacy laws. The legal bases of these challenges vary, but taken together, they highlight that state privacy laws –...more
10/6/2023
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
COPPA ,
Corporate Counsel ,
Data Collection ,
Data Management ,
Data Protection Impact Assessments (DPIAs) ,
First Amendment ,
New Regulations ,
Online Safety for Children ,
State Privacy Laws
On day two of Mobile World Congress (MWC), CTIA hosted a panel on “Promoting Security in a 5G World.” The panel discussed ongoing efforts by regulators and the ways that the wireless industry is responding to a changing...more
9/29/2023
/ 5G Network ,
Customer Proprietary Network Information (CPNI) ,
Cyber Incident Reporting ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Harmonization Rules ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
NIST ,
Popular ,
Telecommunications ,
Wireless Industry ,
Wireless Technology
Messaging is one of the most trusted forms of communications today, with more than 2.2 trillion texts exchanged on America’s wireless networks in 2022 alone. Yesterday, at CTIA’s ConnectMobile forum in Las Vegas as part of...more
9/28/2023
/ Auto-Dialed Calls ,
Bad Actors ,
Best Practices ,
Call Blocking ,
Data-Sharing ,
Fraud ,
Instant Messaging Apps ,
Know Your Customers ,
Robocalling ,
Scams ,
TCPA ,
Telecommunications ,
Text Messages ,
Wireless Industry ,
Wireless Technology
On September 19, 2023, the Department of Homeland Security (DHS) released a Report to Congress (Report) on the Harmonization of Cyber Incident Reporting to the Federal Government. The Report reflects on the 52 in-effect or...more
California continues to forge ahead on potential new privacy, cybersecurity, and artificial intelligence (AI) obligations, including through its California Consumer Privacy Act (CCPA) rulemaking process and by launching a new...more
9/14/2023
/ Artificial Intelligence ,
Audits ,
Automated Systems ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Data Protection ,
Executive Orders ,
Governor Newsom ,
Machine Learning ,
Recordkeeping Requirements ,
Risk Assessment ,
Training Requirements
On August 15, 2023, Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra announced that the CFPB will be moving forward with a rulemaking next month to expand the categories of data subject to the Fair Credit...more
In a new Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (FCC) imposes a short comment deadline for a complex new cybersecurity labeling regime for Internet of Things (IoT) devices. The NPRM also...more
Cybersecurity continues to be top of mind for federal and state policymakers. This advisory identifies and analyzes some major recent developments that present opportunities and challenges in the coming months for a broad...more
8/4/2023
/ Biden Administration ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Breach ,
Department of Defense (DOD) ,
Disclosure Requirements ,
FCC ,
Federal Agency Taskforce ,
Oil & Gas ,
OIRA ,
Pipelines ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
TSA
Public companies will soon face new cybersecurity disclosure requirements from the Securities and Exchange Commission (SEC), which voted last week to approve a controversial new cybersecurity rule. The final rule—which is...more
8/2/2023
/ Corporate Governance ,
Cyber Incident Reporting ,
Cybersecurity ,
Disclosure Requirements ,
Final Rules ,
Form 10-K ,
Form 8-K ,
Publicly-Traded Companies ,
Regulation S-K ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC)
This month, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights sent letters warning about privacy and security risks related to online tracking technologies...more
7/31/2023
/ Data Privacy ,
Department of Health and Human Services (HHS) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitals ,
NPRM ,
Technology ,
Telehealth ,
Tracking Systems ,
Web Tracking