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California Legislature Sends Bills Regulating AI to the Governor

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

Latest NIST Guidance Identifies Generative AI Risks and Corresponding Mitigation Strategies

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

FCC Proposes To Modify Letter of Credit Rules for CAF II, RDOF, 5G Fund, and BEAD

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

Two FCC Actions on AI: Penalties for Deepfake Robocalls With Spoofed Caller ID; Rulemaking on AI in Political Ads

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

FCC’s Net Neutrality Redux: Safeguarding and Securing the Open Internet

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

All-In on AI: Bipartisan Senate AI Policy Roadmap Identifies Areas of Consensus

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

Mile-High Risk: Colorado Enacts Risk-Based AI Regulation to Address Algorithmic Discrimination

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

Utah Enacts Consumer Disclosure Requirements for Businesses Using Bots and Generative AI

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

Who's Liable for Deepfakes? FTC Proposes To Target Developers of Generative AI Tools in Addition to Fraudsters

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

Commerce Department Proposes Cybersecurity/AI Reporting and "KYC" Requirements for Certain Cloud Providers

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

EU Unanimously Approves Comprehensive Artificial Intelligence Act

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

NIST Seeks Public Comment on Developing Standards and Guidelines for Implementing Portions of the Biden AI Executive Order

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

Affordable Connectivity Program Ending April 2024 Unless Congress Provides Funding

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

Employers Take Note: Hollywood Writers' Agreement Addresses AI's Disruption of the Workplace

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

Here We Go Again — FCC Proposes to Revive Net Neutrality Rules

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

FEC Considers Possible Restrictions on AI and Deepfakes in Campaign Ads

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

California Regulator Previews Intentions for Cybersecurity, Privacy, and Automated Decisionmaking Regulations

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

China's Cyberspace Administration Releases "Interim" Rules Regulating the Use of Generative AI

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

White House Announces Voluntary AI Governance Commitments from Seven Leading Companies

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

NTIA Announces Allocations for $42 Billion in BEAD Funding for Expanding High-Speed Internet Access

The Biden Administration recently released its plans for allocating more than $42.45 billion in broadband funding to all 50 states through the Broadband Equity Access and Deployment ("BEAD") Program. These dollars will be...more

European Parliament Approves Amendments to Expand the Scope of EU AI Act

On June 14, 2023, the European Parliament approved amendments to the European Union (EU) Artificial Intelligence Act (AI Act or AIA) ("Parliament Proposal"). The AIA is the EU's primary proposed framework to regulate AI...more

Generative AI Is Here – Are Your Workplace Policies Ready?

As generative artificial intelligence (GAI) technology, like ChatGPT, finds new and greater uses in the workplace, employers must consider the myriad of legal and other issues that come with it. For good reason, employers...more

White House Announcement Explores Measures to Regulate AI as Component of a National AI Strategy

On May 23, the Biden Administration announced several new initiatives to support the development of a National Artificial Intelligence (AI) Strategy. The initiatives focus on: (1) outlining a plan to increase federal...more

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