Pursuant to President Biden’s signing of the White House Executive Order on Artificial Intelligence (AI EO), certain federal agencies were given 90 days to complete a variety of safety- and security-related steps.

After a series of intensive negotiations among representatives of the European Union’s three governing bodies, the EU has concluded its “trilogue” meetings with a “political agreement” on the terms of its forthcoming Artificial Intelligence Act.

In a politically divided 3-2 vote, the FCC updated its data breach notification rules, which had been in effect since before the release of the first iPhone.

Last week, the UK’s Online Safety Bill received royal assent and became law. With this development, Ofcom, the regulator for the new Online Safety Act, has published a roadmap to explain how the Act will be implemented over the next two years.

The White House recently issued its most extensive policy directive yet concerning the development and use of artificial intelligence (AI) through a 100-plus-page Executive Order (EO) titled "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” and accompanying “Fact Sheet” summary.

The Federal Communications Commission recently adopted a Notice of Proposed Rulemaking to reestablish its authority over broadband internet access service by reinstating its net neutrality rules.

Governor Gavin Newsom recently approved California’s SB 244, also referred to as the Right to Repair Act, positioning California as a pivotal state advocating for comprehensive electronics or appliance repair rights.

The Federal Communications Commission is seeking public comment on the feasibility, benefits, and limitations of techniques that can help advance the FCC’s understanding of “nonfederal” spectrum usage.

Senate Majority Leader Charles Schumer (D-NY) unveiled his much-anticipated, bipartisan legislative framework for regulating artificial intelligence during recent public remarks. To support this new framework and the resulting policy proposals, Senator Schumer has formed a bipartisan AI working group that will work closely with the leaders of the Senate’s Commerce, Homeland Security, Antitrust, Judiciary, and Intelligence committees to shape the draft legislation.

The EU was in the process of implementing its AI Act, first proposed on April 21, 2021, before generative AI chatbots were widely released. This Update provides a fresh look at the AI Act’s legislative status and its substantive evolution before it becomes legally effective.

The recent dramatic growth of artificial intelligence (AI) technologies continues to be a focus of the Biden administration.

The Federal Trade Commision announced a proposed complaint and proposed consent order with BetterHelp, Inc., an online counseling platform that allegedly disclosed consumer health data to third-party advertising platforms.

the Transportation Security Administration issued a new security directive to enhance cybersecurity preparedness and resilience for designated passenger and freight railroads.

Equal access to high-quality, affordable broadband internet service has never been more critical, particularly as Americans increasingly rely on broadband for everything from work and education to healthcare and entertainment. Accordingly, as part of a broader effort to combat digital discrimination, the Federal Communications Commission recently published a Notice of Proposed Rulemaking that seeks to promote and facilitate equal access to broadband internet service for everyone.

Published over the holidays, President Biden signed the $1.7 trillion Consolidated Appropriations Act of 2023, which includes a wide range of artificial intelligence and machine learning initiatives and investments. It also directs several federal agencies to help ensure the responsible use of AI technologies, including the prevention of algorithmic bias. This Update includes a summary of the AI appropriations and initiatives.

The Federal Communications Commission published a Notice of Proposed Rulemaking that seeks to strengthen and broaden its breach notification rules arising from the unauthorized disclosure of customer proprietary network information.

Data security will be an enforcement priority for the FTC in 2023. The FTC, in its December 14, 2022, Commission meeting, highlighted four data security measures that it believes are particularly important for strong cybersecurity.

The Federal Communications Commission has adopted new rules requiring broadband internet service providers to display labels that enable consumers to easily compare broadband service offerings.

This is the second in a series of updates addressing the bilateral data access agreement between the United States and the United Kingdom under the Clarifying Lawful Overseas Use of Data Act.

 

According to a settlement with the Federal Communications Commission, Truphone Inc. repeatedly transferred control of its FCC licenses to unvetted foreign individuals and entities without oversight by the agency or the executive branch.

California and New York recently passed laws that seek to change how social media platforms and social media networks design and report their content moderation practices. The New York law will require a hateful conduct policy and reporting mechanism starting in December 2022. California laws will impose content moderation and transparency requirements starting in 2023 and 2024.

The Office of Science and Technology Policy, a part of the Executive Office of the President, recently published a white paper entitled “The Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People.”

The U.S. Commerce Department’s Bureau of Industry and Security announced an interim final rule, adding a substantial number of new export restrictions to China of advanced semiconductors and chip manufacturing equipment.

President Biden signed an executive order on October 7, 2022, changing U.S. surveillance laws to address perceived deficiencies in protecting personal data identified by European Union courts.

Following the Council of the European Union's approval earlier this week, the Digital Services Act has been officially adopted, starting the countdown to the law’s entry into force later this year.

President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 on March 15, 2022. CIRCIA solicits public comment for 60 days, beginning September 12, 2022.

Under a new agreement between the United States and the United Kingdom, communications service providers in the United States may soon begin to receive legal process directly from law enforcement agencies in the United Kingdom.

The Federal Trade Commission filed a lawsuit on August 29, 2022, against data broker Kochava Inc., alleging that the company’s sale of precise geolocation data is an unfair act or practice that violates Section 5 of the FTC Act.

Earlier this month, the Federal Communications Commission released a Notice of Inquiry directed at advancing the space economy by examining in-space servicing, assembly, and manufacturing activities.

The Federal Trade Commission released an advance notice of proposed rulemaking on “Commercial Surveillance and Data Security” on August 11, 2022. The ANPRM, approved on a 3-2 party line vote, is the initial step in a process that could result in the adoption of the first federal regulation addressing privacy, data security, and algorithmic discrimination across broad sectors of the U.S. economy.

The U.S. Court of Appeals for the District of Columbia Circuit recently denied a petition to review a 2020 Federal Communications Commission order that permitted callers to place commercial non-telemarketing robocalls to residential phone numbers and that established uniform call limits for such calls.

By a 6-3 majority, the U.S. Supreme Court in West Virginia v. Environmental Protection Agency held that the Environmental Protection Agency’s efforts to regulate greenhouse gases by making industry-wide changes violated the “major questions” doctrine.

The Federal Communications Commission recently adopted certain final rules, policies, and proposed rules to “stem the tide of foreign-originated illegal robocalls.”

Perkins Coie is pleased to announce the launch of our second annual report California Consumer Privacy Act Litigation Year in Review. The California Consumer Privacy Act (CCPA) became effective on January 1, 2020, and regulates any “business” that does business in California.

Federal Trade Commission Chair Lina Khan spoke at the opening of the International Association of Privacy Professionals Global Privacy Summit on April 11, 2022, in Washington, D.C.

President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 on March 15, 2022.

Utah Governor Spencer Cox signed the Utah Consumer Privacy Act (Utah Law) into law on March 24, 2022, making it the fourth omnibus state privacy law enacted in the United States.

The U.S. government has steadily increased its warnings about malicious cyber activity by Russia and other sophisticated, persistent adversaries.

Responsible for lowering the cost to access space, the "newspace" industry has been developing new and fast-moving business models that have opened up new markets.

The U.S. Federal Communications Commission published a Notice of Inquiry on February 28, 2022, inviting public comment on vulnerabilities that threaten the security and integrity of the Border Gateway Protocol, which is central to the internet’s global routing system.

On February 21, 2022, Russian President Vladimir Putin unilaterally recognized the Luhansk and Donetsk regions in Eastern Ukraine as independent states.

On February 15, 2022, the Federal Communications Commission unanimously adopted new rules intended to give tenants in multi-tenant environments greater choice in selecting broadband and cable service provider services

The Federal Communications Commission recently proposed new rules that would require internet service providers to display labels that allow consumers to comparison shop for broadband services.

In recent years, the Federal Communications Commission (FCC) has worked closely with the U.S. Department of Justice and other Executive Branch national security agencies to restrict China’s influence on U.S. telecommunications.

Businesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations.

Congress recently passed the long-awaited bipartisan Infrastructure Investment and Jobs Act. The law allocates over $1 trillion in new and repurposed funds to upgrading the country’s infrastructure.

This update summarizes a recent publication subject to public comment adopted by the National Institute of Standards and Technology (NIST): “A Proposal for Identifying and Managing Bias in Artificial Intelligence.” 

President Biden’s recent "Executive Order on Promoting Competition in the American Economy" promotes fair competition regulations across a diverse group of key U.S. industries and includes 72 separate initiatives involving more than a dozen federal agencies.

Colorado Governor Jared Polis signed the Colorado Privacy Act (CPA) into law on July 7, 2021, making it the third comprehensive state privacy law enacted in the United States.

On May 12, 2021, President Biden signed a sweeping Executive Order (EO) to protect federal government networks and software supply chains against increasing threats of attacks from malicious cyber actors, setting the stage for future rulemaking and amendments to the Federal Acquisition Regulation (FAR) focusing on IT and software sold to the government.

In what could be a harbinger of the future regulation of artificial intelligence (AI) in the United States, the European Commission published its recent proposal for regulation of AI systems.

The Supreme Court’s recent decision in FCC v. Prometheus Radio Project et al. is significant for both the decision’s effect on the regulation of the broadcast television industry and its clarifications of administrative law. In Prometheus, the Court restored the Federal Communications Commission’s 2017 order on reconsideration to repeal or modify three core broadcast television ownership rules. This client update summarizes the decision and provides key takeaways on the ruling’s implications for M&A and other transactions in the broadcast industry.

In Facebook, Inc. v. Duguid et al., the U.S. Supreme Court provided some clarity that stakeholders have been awaiting since 2015 by adopting a narrower interpretation of the term “autodialer” for purposes of the Telecommunications Consumer Protection Act (TCPA). The Court reversed an expansive interpretation of “autodialer” adopted by the U.S. Court of Appeals for the Ninth Circuit that the Court noted would have prohibited many commonplace uses of cell phones by consumers. The Court found that for a dialing system to constitute an autodialer, it must have the capacity to either store or produce a telephone number using a random or sequential number generator. This narrower interpretation comes as a relief to a broad range of businesses and nonprofit organizations, among others, that believed the Ninth Circuit’s broad interpretation unfairly ensnared legitimate communications practices that did not harm consumers.

Streaming is a widespread form of entertainment for millions of Americans and its popularity has soared during the pandemic. However, according to a study by the U.S. Chamber of Commerce and the Global Innovation Policy Center from June of 2019, “global online piracy costs the U.S. economy at least $29.2 billion in lost revenue each year.”

Shortly after his inauguration, President Biden appointed Commissioner Jessica Rosenworcel as acting chairwoman of the U.S. Federal Communications Commission.

The Federal Trade Commission announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first enforcement action focused on facial recognition technology, and likely signals a new era of increased regulatory scrutiny for companies involved in facial recognition.

Telecommunications is the largest communications sector in the United States. AT&T, Verizon, and T-Mobile are the largest and most diversified telecommunications companies in the United States.

Companies that do business in Portland, Oregon may need to add one more item to their holiday to-do list: disable face recognition technologies in Portland.

Internet of Things (IoT) devices have the potential to transform our home and work environment by integrating a growing range of “smart” wirelessly connected sensors into our daily lives.

What can we expect from the Federal Communications Commission from the incoming administration of President-elect Biden?

In a recent decision, a panel of the U.S. Court of Appeals for the Ninth Circuit largely upheld three Federal Communications Commission (FCC) orders intended to facilitate the rapid deployment of 5G wireless facilities nationwide.

The U.S. government has issued a long-awaited rule implementing legislation to prevent federal agencies from contracting with entities that use telecommunications equipment or services produced or provided by Huawei Technologies Company, ZTE Corporation, and certain other Chinese companies, a major step that will impose a significant new compliance burden on government contractors.

The Federal Communications Commission unanimously voted on June 9, 2020, to adopt a Declaratory Ruling and Notice of Proposed Rulemaking to promote broadcast internet services through a new broadcast standard called ATSC 3.0.

Daily television news featuring both life-and-death developments and state- and municipal-level policy announcements have spurred a quarantine-fueled "golden age" for television, especially local news.

International trade and cyber security issues, compounded by the coronavirus pandemic, have increased existing tensions and distrust between the United States and China.

No legal development over the past decades has had a greater impact on the free flow of information and technology than the rise of the open access and open source movements.

In response to the ongoing public health emergency, the Federal Communications Commission released a Report and Order on April 2 establishing a COVID-19 Telehealth Program, along with a broader Connected Care Pilot Program, to support connected care services and devices.

In response to great interest from Silicon Valley, Federal Communications Commission Chairman Ajit Pai has released draft rules that would make valuable spectrum available for unlicensed wireless broadband services (i.e., Wi-Fi) in the 6 GHz band (5.925-7.125 GHz).

In the midst of the COVID-19 pandemic, many buyers and sellers of tech services and goods are in the process of (1) examining their existing tech agreements to determine whether the pandemic constitutes a force majeure event under the governing law of the agreement and excuses related failures or delays in performance, and (2) assessing how to negotiate new tech agreements within the uncertainty of the pandemic. 

The U.S. government and industry face pressure to compete with China, the EU, and others in the race to implement the next great advance in wireless network technology known as 5G.

The U.S. Court of Appeals for the District of Columbia Circuit added a new chapter in the ongoing saga over how and whether to regulate providers of broadband internet access service when, on October 1, 2019, it largely upheld the Federal Communication Commission’s repeal in 2018 of net neutrality rules, but vacated its effort to preempt state regulation of the same and remanded several other issues without vacatur.

On October 7, 2019, the U.S. Supreme Court denied a petition filed by Domino’s Pizza asking the Court to decide whether Title III of the Americans with Disabilities Act (ADA) applies to websites and mobile apps.

The Standing Committee of the National People’s Congress released the Encryption Law of the People’s Republic of China (Draft) for public comment on July 5, 2019 (the “2019 Draft”).

In a recent decision, the U.S. Court of Appeals for the D.C. Circuit struck down key portions of a 2018 order by the Federal Communications Commission that would have exempted certain small wireless facilities from environmental and historic preservation review.

In an interim rule published on August 13, 2019, the U.S. government revised the Federal Acquisition Regulation (FAR) to prohibit federal agencies from acquiring telecommunications equipment or services produced or provided by Huawei Technologies Company, ZTE Corporation and other Chinese companies.

This update was republished in Law360 on 09.10.2019, "Adapting To Gov't Contractor Rules Banning Chinese Telecom."

The Federal Communications Commission recently adopted new measures to combat unwanted robocalls in a unanimous Declaratory Ruling and Further Notice of Proposed Rulemaking.

In a recent decision, the U.S. Supreme Court held that a federal district court was not necessarily bound by the Federal Communications Commission’s prior interpretation of a federal statute over which the agency has authority to implement and enforce.

As of January 1, 2019, video game developers and publishers are now subject to certain accessibility requirements under the Twenty-First Century Communications and Video Accessibility Act (CVAA) that apply to manufacturers and providers of advanced communications services (ACS).

The U.S. Court of Appeals for the Ninth Circuit issued a decision on January 15, 2019 in a closely followed web accessibility case, Robles v. Domino’s Pizza, LLC, reaffirming Ninth Circuit precedent holding that companies whose online activities share a nexus with physical places of public accommodation may be held liable under the Americans with Disabilities Act for failing to make their websites and apps accessible to persons with disabilities.

As of January 3, 2019, the Federal Communications Commission (FCC) has suspended most of its operations for the duration of the government shutdown due to the agency’s exhaustion of available funds. This alert summarizes how and the extent to which the shutdown affects FCC operations, based on the FCC’s plan for orderly shutdown released on December 18, 2018 and Public Notice released on January 2, 2019.

In an effort to reform and streamline its formal complaint procedures, the Federal Communications Commission has issued a new uniform set of procedural rules.

The Federal Communications Commission (FCC) recently adopted a number of orders and proposed rules affecting the availability and use of millimeter-wave spectrum for advanced fifth generation (5G) wireless networks.

The Federal Communications Commission recently adopted an order containing sweeping regulatory changes to speed the deployment of advanced wireless services to provide connectivity for innovative Internet of Things, augmented reality, unmanned vehicles, and artificial intelligence-driven devices, services, and systems.

The General Data Protection Regulation (GDPR), which is effective May 25, 2018, requires notification to European regulators within 72 hours of the discovery of many types of data breaches. This deadline requires speed and organization that no other jurisdiction currently requires, especially in the United States. Organizations that hold personal data of EU residents and do not have an incident response plan should promptly develop one so they can comply with the GDPR’s requirements.

The Federal Election Commission took a step last week toward clarifying the “paid for by” and other disclaimer requirements that apply to political advertisements that appear on digital media.

Last Friday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-awaited decision in ACA International v. Federal Communications Commission, No. 15-1211 (D.C. Cir. Mar. 16, 2018).

Last week, three U.S. Department of Transportation agencies issued requests for comment on ways to update federal regulations and policies to allow for the safe testing and deployment of autonomous vehicles.

In a sweeping deregulatory measure, the Federal Communications Commission (FCC) recently adopted a final order to repeal most of the net neutrality rules, known as the “Restoring Internet Freedom order”

On the eve of Thanksgiving, the FCC released a draft order to repeal its own net neutrality rules.

The Trump administration took its first major step to facilitate the deployment of automated vehicles with the Department of Transportation’s release of “Automated Driving Systems 2.0: A Vision for Safety,” an update to the 2016 Federal Automated Vehicle Policy.

Last year, the contentious net neutrality debate appeared to be finally settled when the U.S. Court of Appeals for the District of Columbia Circuit affirmed the FCC’s 2015 Open Internet Order.

Unsolicited robocalls are the top consumer complaint made to the Federal Communications Commission, which receives over 200,000 complaints a year.

The House Subcommittee on Digital Commerce and Consumer Protection reached bipartisan agreement on July 19, 2017, regarding major aspects of legislation to address the testing and deployment of autonomous vehicles.

Since we published our previous update, the FCC has adopted a Notice of Proposed Rulemaking to begin the process of rolling back the rules and regulatory framework for net neutrality. 

New development: President Trump signed the Congressional Review Act (CRA) resolution of disapproval on April 3, 2017.

This update was republished in Cyberspace Lawyer.

As anticipated, the Republican members of the Federal Communications Commission are taking steps to pare down the 2016 Broadband Privacy Order now that they are in the majority.

Roughly two weeks since President Donald Trump’s inauguration, the new Chairman of the Federal Communications Commission, Ajit Pai, has taken steps providing further evidence that he plans to roll back FCC actions taken under former Chairman Tom Wheeler, including net neutrality and broadband privacy.

This update was republished in Law360 on 02.13.2017, "The Future Of Net Neutrality Under The New FCC."

In the days since the recent election, many tech, media and telecom industry observers remain unsure of what to expect from the Federal Communications Commission under the Trump administration.

The Federal Communications Commission recently released an order containing new privacy protections for customers of broadband internet access service (BIAS) providers, which was adopted by a 3-2 vote along partisan lines.

The Federal Communications Commission and the Obama administration recently adopted several important initiatives to facilitate innovation in and rapid deployment of the nascent Internet of Things (IoT).

The FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion.

For two decades, the Federal Communications Commission (FCC) has relied on an inter-agency consulting process to evaluate matters before it that potentially raise issues of national security, foreign policy and trade policy.

On its third try, the Federal Communications Commission finally got the sweeping net neutrality court victory it had been seeking for years.

As previously promised in last year’s Open Internet Order, the Federal Communications Commission (FCC or the Commission) has released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposed privacy requirements for broadband internet access service providers.

In last Friday’s long-awaited TCPA Omnibus Declaratory Ruling and Order (Order), the Federal Communications Commission (FCC or Commission) may have dramatically altered the landscape for TCPA class action defense.

Last week, an FCC divided on partisan lines adopted a Notice of Apparent Liability for Forfeiture and Order (the NAL) against AT&T with an unprecedented proposed penalty of $100 million as well as numerous other compliance obligations, marking the first time the agency has enforced its net neutrality transparency rule.

Privacy and data security are high priorities of the Federal Communications Commission (FCC) under the leadership of Chairman Tom Wheeler. In addition to significant enforcement actions against AT&T and TerraCom/YourTel that take a page out of the playbook of the Federal Trade Commission (FTC), the FCC’s recent Open Internet Order for the first time imposes the privacy obligations of Section 222 of the Communications Act of 1934, as amended (the Act) on broadband Internet service providers.

“Net neutrality” has become one of the most hotly debated issues before lawmakers and regulators in Washington this year.

On June 2, 2014, in Limelight Networks, Inc., v. Akamai Technologies, Inc. the U.S. Supreme Court unanimously reversed the en banc Federal Circuit and held that a defendant cannot be liable for inducing patent infringement under 35 U.S.C. § 271(b) unless another entity has directly infringed under 35 U.S.C. § 271(a).

Earlier this year, Washington state legislators unanimously passed the nation's first criminal law requiring age verification for commercial sexual services advertisements depicting minors. The landmark law's goals are laudable, but its broad reach has some on-line service providers and traditional publishers concerned. For example, on-line service providers that allow users to post content and images on their sites, including on social networking sites, dating sites, discussion forums, blogs and chat rooms, could now face criminal exposure, even if they have absolutely no interest in placing, or permitting the placement of, such ads.