On January 16, 2024, New Jersey became the first state to enact a comprehensive data privacy law in the new year, with Gov. Phil Murphy (D-NJ) signing the New Jersey Privacy Act (NJPA) (SB 332) into law. The New Jersey law...more
2/14/2024
/ Confidential Information ,
Consent ,
Data Collection ,
Data Protection ,
Data Security ,
DPPA ,
EU ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Minors ,
New Jersey ,
Opt-In ,
Opt-Outs ,
Sensitive Personal Information ,
State Privacy Laws ,
Subcontractors
On January 18, 2024, the Federal Trade Commission (FTC) discussed its long-anticipated proposed changes for the Children’s Online Privacy Protection Rule (COPPA) in an open meeting. Released in a notice of proposed...more
2/14/2024
/ Biometric Information ,
COPPA ,
Data Retention ,
Data Security ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Minor Children ,
Notice of Proposed Rulemaking (NOPR) ,
Opt-In ,
Personal Information ,
Proposed Rules ,
Third-Party
2024 is shaping up to be a busy year in Washington for telecom, media and technology (TMT) companies. A number of notable topics will require public comment this year, including net neutrality, digital discrimination, data...more
2/9/2024
/ Artificial Intelligence ,
Broadband ,
Consumer Protection Laws ,
FCC ,
Federal Aviation Administration (FAA) ,
NDAA ,
Outer Space ,
Public Comment ,
Regulatory Requirements ,
Spectrum ,
Technology Sector ,
Telecommunications
On January 29, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a proposed rule (the Proposed Rule) that would impose significant know-your-customer (KYC), monitoring and reporting obligations...more
2/2/2024
/ Biden Administration ,
Cloud Service Providers (CSPs) ,
Enforcement ,
Executive Orders ,
Foreign Jurisdictions ,
Infrastructure ,
Know Your Customers ,
Penalties ,
Proposed Rules ,
Reporting Requirements ,
Verification Requirements
Welcome to the January edition of Akin Intelligence. Artificial Intelligence (AI) remains a key area for state and federal legislators in the new year. State executives and legislators continue to propose AI-related...more
1/29/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biden Administration ,
Cyber Attacks ,
Employment Discrimination ,
Executive Orders ,
FCC ,
Federal Trade Commission (FTC) ,
Machine Learning ,
OMB ,
Request For Information ,
Software Developers ,
Trump Administration
The California Consumer Privacy Protection Agency (CPPA) issued draft rulemaking on automated decision-making technologies as part of its implementing regulations under the California Consumer Privacy Act (as revised, CCPA). ...more
At the end of 2023, the Federal Communications Commission (“FCC” or “the Commission”) adopted updates to its existing 16-year-old data breach notification rules (“prior rules”) designed to ensure that sensitive customer...more
On November 1, 2023, the New York Department of Financial Services (NYDFS) announced the adoption of amendments to its Cybersecurity Regulation 23 NYCRR Part 500 (“Amended Cybersecurity Rules” or “Amended Rules”). NYDFS...more
12/20/2023
/ Banks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Protection ,
Financial Institutions ,
Financial Services Industry ,
Information Technology ,
NYDFS ,
Popular ,
Ransomware ,
Regulatory Requirements ,
Risk Management
A ground-breaking, first of its kind, sector agnostic, comprehensive law regulating Artificial Intelligence (AI) was agreed in the European Union on Friday, 8 December 2023, between the European Parliament, Commission and...more
12/14/2023
/ Artificial Intelligence ,
Biometric Information ,
Copyright ,
EU ,
European Commission ,
European Council ,
European Parliament ,
Innovation ,
Machine Learning ,
New Legislation ,
Penalties ,
UK
On October 30, 2023, the Biden administration released a far-reaching executive order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI). The EO issues directives related to the use...more
12/4/2023
/ Artificial Intelligence ,
Biden Administration ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Executive Orders ,
Legislative Agendas ,
Machine Learning ,
National Security ,
New Legislation ,
NIST ,
Personal Information ,
Popular ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Technology Sector
On 7 November 2023, in the King’s Speech, the UK government announced three draft laws aimed at supporting tech companies’ growth and competitiveness: the Automated Vehicles Bill (AV Bill), the Digital Markets, Competition...more
12/1/2023
/ Data Protection ,
Digital Single Market ,
Driverless Cars ,
EU ,
Mergers ,
Penalties ,
Personal Data ,
Popular ,
Technology Sector ,
Threshold Requirements ,
UK
Key Takeaways -
With the SolarWinds enforcement action, the SEC continues to ratchet up its enforcement against companies that fail to properly disclose their cybersecurity incidents and risks. By naming the SolarWinds CISO...more
11/22/2023
/ Chief Information Security Officer (CISO) ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cybersecurity ,
Disclosure Requirements ,
Enforcement Actions ,
Fraud ,
Incident Response Plans ,
Popular ,
Risk Assessment ,
Securities and Exchange Commission (SEC) ,
SolarWinds
Welcome to the November edition of Akin Intelligence. Looking back, October 2023 may be remembered as the month when the U.S. government tried to assume the mantle of global leadership on responsible artificial intelligence...more
11/22/2023
/ Artificial Intelligence ,
Biden Administration ,
Bitcoin ,
China ,
Copyright ,
Deep Fake ,
Department of Defense (DOD) ,
Digital Health ,
Disclosure Requirements ,
Energy Sector ,
Executive Orders ,
Export Controls ,
Federal Trade Commission (FTC) ,
Infrastructure ,
Innovation ,
Know Your Customers ,
Medicare ,
Medicare Fraud ,
NIST ,
Notice of Inquiry ,
Proposed Legislation ,
Reporting Requirements ,
Semiconductors ,
U.S. Commerce Department
On October 30, 2023, the Biden administration issued its long-awaited artificial intelligence (AI) executive order (EO), which issues directives to over 20 federal agencies, with the deadline for implementation spanning...more
11/13/2023
/ Artificial Intelligence ,
Biden Administration ,
Critical Infrastructure Sectors ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Draft Guidance ,
Executive Orders ,
Hiring & Firing ,
Machine Learning ,
NIST ,
OMB ,
Popular ,
U.S. Commerce Department
In a key move to further expand consumer data rights, California Gov. Gavin Newson signed The Delete Act (S.B. 362) (the Act) into law on October 10, 2023. The Act amends California’s data broker registration law (Cal. Civ....more
11/8/2023
/ Cal Code of Civil Procedure ,
California ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Data Brokers ,
Data Rights ,
Families First Coronavirus Response Act (FFCRA) ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Penalties ,
Personal Information ,
Registration Requirement ,
Right to Delete
Two years after the Department of Justice (DOJ) established its Civil-Cyber Fraud Initiative, there has been a recent uptick in enforcement and regulatory activity related to cybersecurity. September opened with the unsealing...more
11/3/2023
/ Cyber Threats ,
Cybersecurity ,
Data Breach ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Fraud ,
General Services Administration (GSA) ,
Proposed Rules ,
Reporting Requirements ,
Settlement ,
Verizon ,
Whistleblowers
Key Points -
The Biden-Harris Administration has issued its long-awaited executive order (EO) regulating artificial intelligence (AI). The order issues directives to over twenty federal agencies, with the deadline for...more
On September 7, 2023, the Saudi Authority for Data and Artificial Intelligence (SDAIA) issued the Implementing Regulations of the Personal Data Protection Law (the Implementing Regulations) and the Regulations on Personal...more
10/23/2023
/ Advertising ,
Consent ,
Data Breach ,
Data Processors ,
Data Protection ,
Data Protection Officers (DPOs) ,
Data Transfers ,
Direct Marketing ,
Disclosure Requirements ,
General Data Protection Regulation (GDPR) ,
New Regulations ,
Personal Data ,
Saudi Arabia
Welcome to the October edition of Akin Intelligence. We continue to see bipartisan and international interest in artificial intelligence (AI) regulation. In the executive branch, agencies are working towards developing...more
10/19/2023
/ Artificial Intelligence ,
Biden Administration ,
Copyright ,
Copyright Office ,
Cybersecurity ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Healthcare ,
Intellectual Property Protection ,
ISOs ,
Machine Learning ,
National Security ,
National Security Agency (NSA) ,
New Regulations ,
NIST ,
OMB ,
SAG ,
Screenwriters ,
Shareholders ,
USPTO ,
Writers
The Information Commissioner’s Office (ICO), the personal data protection authority in the United Kingdom (UK), is running a public consultation on its draft guidance on biometric data which covers the requirements under the...more
On October 8, 2023, Gov. Gavin Newsom (D-CA) signed Assembly Bill 947 (AB 947) into law, adding citizenship and immigration status to the California Consumer Privacy Act’s (CCPA) definition of “sensitive personal...more
The development of artificial intelligence (AI) and particularly Generative Artificial Intelligence (GenAI) has exploded in recent years, prompting government officials including the Biden administration to call for studies...more
10/11/2023
/ Artificial Intelligence ,
Biden Administration ,
Colleges ,
Critical Infrastructure Sectors ,
Executive Orders ,
Machine Learning ,
Private Sector ,
Public Sector ,
Risk Assessment ,
Risk Management ,
Universities ,
Vulnerability Assessments
In response to the exponential growth of artificial intelligence (AI) technologies over the past few years, the United States (U.S.) Department of Commerce’s National Institute of Standards and Technology (NIST) has been...more
On September 8, 2023, federal court approved a consent decree from the Equal Employment Opportunity Commission (EEOC) with iTutorGroup Inc. and its affiliates (“iTutor”) over alleged age discrimination in hiring, stemming...more
9/22/2023
/ ADEA ,
Age Discrimination ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Consent Decrees ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Settlement ,
Software ,
Training
Welcome to the September edition of Akin Intelligence. As the U.S. Congress reconvenes after the August recess, we continue to see bipartisan interest in artificial intelligence (AI) regulation. In the executive branch,...more
9/18/2023
/ Age Discrimination ,
Artificial Intelligence ,
Biden Administration ,
China ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Copyright Office ,
Cybersecurity ,
Deep Fake ,
Department of Defense (DOD) ,
EU ,
Executive Orders ,
Fair Credit Reporting Act (FCRA) ,
Federal Election Commission (FEC) ,
Foreign Investment ,
Healthcare ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Jurisdiction ,
NDAA ,
Outbound Transactions ,
Preliminary Injunctions ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Thought Leadership ,
UK ,
USPTO