The Biden Administration has issued its long-awaited Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (“EO”), which will create a new...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Cybersecurity ,
Executive Orders ,
Foreign Investment ,
NAICS ,
National Security ,
Outbound Transactions ,
Popular ,
Proposed Regulation ,
Supply Chain ,
Technology Sector ,
U.S. Treasury
The Committee on Foreign Investment in the United States (CFIUS) reviewed a record number of transactions for national security risks in 2022: 440 covered transactions, up from 436 transactions in 2021, according to its...more
On Friday, July 21, 2023, the White House announced that seven US technology companies at the forefront of generative artificial intelligence (AI) agreed to eight voluntary commitments to “promote the safe, secure, and...more
On May 23, 2023, the Cybersecurity and Infrastructure Security Agency (CISA) published a second edition of the #StopRansomware Guide (the Guide). The Guide, first published in September 2020, aims to help organizations reduce...more
In light of the rapid emergence and adoption of artificial intelligence (AI) tools and systems, the Biden Administration convened the CEOs of leading AI companies on May 4, 2023 at the White House and announced several...more
On April 25, 2023 four federal agencies—the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), the United States Department of Justice (DOJ), and the U.S. Equal Employment Opportunity Commission...more
5/2/2023
/ Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automation Systems ,
Bias ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Job Applicants ,
Joint Statements ,
Machine Learning
In 2022 and early 2023, voting machine companies and the parents of school shooting victims won a string of court rulings against the media companies and personalities that had allegedly spread defamatory, viral lies about...more
4/11/2023
/ Actual Malice ,
Affirmative Defenses ,
Anti-SLAPP ,
Damages ,
Deceptive Intent ,
Defamation ,
Fair Report Privilege ,
False Statements ,
Media ,
Social Media ,
Unfair or Deceptive Trade Practices ,
Vicarious Liability
New York City’s Department of Consumer and Worker Protection (DCWP) is expected to begin enforcing the City’s novel artificial intelligence (AI) bias audit law on July 5, 2023. This law prohibits the use of automated decision...more
On March 20, 2023, the Federal Trade Commission (FTC) released a blog post advising companies to consider the potentially deceptive or unfair use of artificial intelligence (AI) tools to generate synthetic media. The FTC...more
On March 31, 2023, Italy’s privacy regulator (the “Garante”), announced an immediate temporary limitation on the processing of data of individuals residing in Italy by OpenAI’s ChatGPT, the popular artificial intelligence...more
4/4/2023
/ Artificial Intelligence ,
Corporate Counsel ,
Data Processors ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Italy ,
Machine Learning ,
Personal Data ,
Privacy Laws ,
Regulatory Authority
The ubiquity of remote work and online hiring has led to a sharp rise in job scams across industries. In these swindles—sometimes called employment scams or recruitment scams—fraudsters impersonate job recruiters from real...more
It took just two months from its introduction in November 2022 for the artificial intelligence (AI)-powered chatbot ChatGPT to reach 100 million monthly active users—the fastest growth of a consumer application in...more
In several recent high-profile trials, defendants have sought to cast doubt on the reliability of video evidence by suggesting that artificial intelligence may have surreptitiously altered the videos.
These challenges are...more
On September 15, 2022, President Biden signed an Executive Order (EO) identifying economic sectors that merit special attention for review by the Committee on Foreign Investment in the United States (CFIUS or the Committee)....more
9/20/2022
/ Biden Administration ,
CFIUS ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
Investors ,
National Security ,
Sensitive Personal Information ,
Supply Chain ,
Technology Sector
The Committee on Foreign Investment in the United States (CFIUS) is reviewing a record number of transactions for national security risks, according to a recently released Annual Report to Congress for Calendar Year 2021. ...more
On June 28, 2022, the FBI issued a Public Service Announcement (PSA) warning that fraudsters are using deepfakes to impersonate job applicants during online interviews and employing stolen Personally Identifiable Information...more
Fast-spreading disinformation and the growing ease with which believable deepfake media can be created are threats that are poised to accelerate a range of business dangers, particularly those related to reputational risk,...more
Russia’s full-scale military invasion of Ukraine is raising cybersecurity risks for American businesses. Corporate America must take immediate additional precautions to protect their networks in light of what is quickly...more
As in prior years, the National Defense Authorization Act for Fiscal Year 2021 contains a variety of provisions setting U.S. Department of Defense priorities for energy, environmental, and natural resource issues. These...more
11/30/2021
/ Biden Administration ,
Climate Change ,
Conservation ,
Critical Infrastructure Sectors ,
Department of Defense (DOD) ,
Energy Sector ,
Environmental Policies ,
Natural Resources ,
NDAA ,
New Legislation ,
Public Policy ,
Sustainability ,
Wildlife Protection
On September 21, 2021, the US Treasury Department’s Office of Foreign Assets Control (“OFAC”) levied its first sanctions against a Russian-operated virtual currency exchange involved in ransomware payments and published an...more
9/24/2021
/ Advisory Opinions ,
AML/CFT ,
Anti-Money Laundering ,
Compliance ,
Cryptocurrency ,
Currency Exchange ,
Cybersecurity Information Sharing Act (CISA) ,
Economic Sanctions ,
FinCEN ,
Know Your Customers ,
Office of Foreign Assets Control (OFAC) ,
Ransomware ,
Russia ,
SDN List ,
U.S. Treasury ,
Virtual Currency
WilmerHale podcast co-host and Partner John Walsh welcomes Partner Jason Chipman, who moderates a discussion between fellow WilmerHale lawyer Matthew Ferraro and special guest Nina Schick on “deepfakes”—using synthetic media...more
On March 10, 2021, the Federal Bureau of Investigation (FBI or Bureau) issued a Private Industry Notification (PIN) advising companies that “[m]alicious actors almost certainly will leverage synthetic content for cyber and...more
New York Governor Andrew M. Cuomo has signed a path-breaking law addressing synthetic or digitally manipulated media. The law has two main components.
First, the law establishes a postmortem right of publicity to protect...more
On Wednesday, February 24, 2021, President Biden signed an Executive Order (Order) directing a series of reviews of global supply chains - the latest government effort to create more resilient and secure supply chains for...more
2/26/2021
/ Biden Administration ,
Critical Infrastructure Sectors ,
Department of Agriculture ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Legislative Agendas ,
National Security ,
Public Procurement Policies ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
US Trade Policies
On December 27, President Donald Trump signed a $1.4 trillion appropriations package funding the government through September 2021 and a $900 billion fiscal stimulus law for coronavirus aid. Media attention has focused on the...more
12/31/2020
/ Biden Administration ,
Carbon Capture and Sequestration ,
CARES Act ,
Climate Change ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Energy (DOE) ,
Energy Sector ,
Greenhouse Gas Emissions ,
HFC Emissions ,
Investment Tax Credits ,
Popular ,
Production Tax Credit ,
Renewable Energy ,
Renewable Energy Incentives ,
Solar Energy ,
Wind Power ,
Zero-Emission Vehicles