The end of December, especially before a change in administration and a new Congress in January, is a slow time in Washington, DC, but this week, we highlight the few recent AI developments that have come out of our nation’s...more
On December 18, Congress passed the FY 2025 National Defense Authorization Act (NDAA), which includes a number of AI provisions. The NDAA is expected to be signed into law by President Biden.
The NDAA includes the first –...more
On the heels of President-Elect Trump’s announcement of the appointment of Mark Meador to the Federal Trade Commission (FTC) and designation of current Republican Commissioner Andrew Ferguson as the agency’s chair, the FTC...more
On December 5, incoming President Donald Trump announced that David Sacks would be the “AI and Crypto Czar” under the next administration.
A prominent venture capitalist, member of the “PayPal Mafia,” and co-founder of an...more
12/13/2024
/ Artificial Intelligence ,
China ,
Cryptocurrency ,
Deregulation ,
Emerging Technologies ,
Federal Trade Commission (FTC) ,
Investment ,
National Security ,
Nominations ,
Popular ,
Research and Development ,
Trump Administration
On November 19, the Senate Commerce Committee’s Subcommittee on Consumer Protection, Product Safety, and Data Security convened a hearing on “Protecting Consumers from Artificial Intelligence Enabled Fraud and Scams.”
The...more
11/25/2024
/ Artificial Intelligence ,
Consumer Protection Laws ,
Data Security ,
Deep Fake ,
Enforcement ,
Expert Testimony ,
Federal Trade Commission (FTC) ,
Fraud ,
Individual Accountability ,
Privacy Laws ,
Proposed Legislation ,
Risk Management ,
Risk Mitigation ,
Scams
As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more
11/20/2024
/ Algorithms ,
Amicus Briefs ,
Antitrust Litigation ,
Antitrust Provisions ,
Appeals ,
Artificial Intelligence ,
Class Action ,
Conspiracies ,
Contract Terms ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Healthcare ,
Information Sharing ,
Landlords ,
Risk Assessment ,
Sensitive Personal Information ,
Sherman Act ,
Software
Donald Trump’s election to a second term as president means that Trump will help shape the future of AI at a pivotal moment when AI continues to advance rapidly and the next administration’s policies will affect the future...more
11/15/2024
/ Artificial Intelligence ,
China ,
Deregulation ,
Foreign Adversaries ,
Free Speech ,
Innovation ,
Machine Learning ,
National Security ,
Policies and Procedures ,
Research and Development ,
Risk Mitigation
President Biden’s Executive Order on AI (AI EO), issued on October 30, 2023, directed various agencies to take certain actions within one year of the AI EO’s issuance. On October 24, 2024, the White House announced that...more
11/8/2024
/ Algorithms ,
Artificial Intelligence ,
Copyright Office ,
Data Storage ,
Department of Education ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Executive Orders ,
Government Agencies ,
Infrastructure ,
National Security ,
OMB ,
Research and Development
On October 24, the Biden administration issued the first-ever National Security Memorandum (NSM) on AI. Pursuant to the Biden administration’s Executive Order on AI, the NSM outlines concrete actions for federal agencies to...more
On September 24, the Office of Management and Budget (OMB) released a memorandum on Advancing the Responsible Acquisition of Artificial Intelligence in Government.
The new memorandum builds on OMB’s March 2024 memorandum...more
On October 9, the Department of Justice’s (DOJ) Civil Rights Division convened the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including...more
10/17/2024
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
Bias ,
Department of Education ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Equity ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Machine Learning ,
Social Media ,
Whistleblowers
The new HSR form, instructions, and implementing rules were announced yesterday and are set to take effect 90 days from publication in the Federal Register.
In June 2023 the FTC issued a NPRM, drafted alongside the DOJ,...more
On October 3 and 4, the competition authorities of the G7, including the US Federal Trade Commission (FTC) and Department of Justice’s (DOJ) Antitrust Division, participated in a summit on AI competition challenges.
The...more
10/14/2024
/ Antitrust Division ,
Artificial Intelligence ,
Competition ,
Copyright ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
G7 ,
Innovation ,
Regulatory Agenda ,
Transparency ,
UK
On September 25, 2024, the Federal Trade Commission (FTC) announced five enforcement actions against companies that allegedly used AI to further deceptive or unfair conduct.
The actions are part of the FTC’s Operation AI...more
10/4/2024
/ Artificial Intelligence ,
Automation Systems ,
E-Commerce ,
Enforcement ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
Machine Learning ,
Testimonial Statements ,
Training ,
Unfair or Deceptive Trade Practices
On September 24, 2024, the U.S. Department of Justice Antitrust Division (“DOJ”) filed a monopolization suit against Visa, Inc. (“Visa”), alleging that Visa has a monopoly in general purpose debit network services and general...more
10/1/2024
/ Antitrust Litigation ,
Banks ,
Credit Cards ,
Department of Justice (DOJ) ,
Financial Transactions ,
Monopolization ,
Ohio v American Express ,
Popular ,
SCOTUS ,
Sherman Act ,
Visas
On September 19, 2024, the FTC released a Staff Report on the data collection and data use practices of large social media and video streaming service (SMVSS) platforms.
The Report describes how these platforms engage in...more
9/27/2024
/ Algorithms ,
Artificial Intelligence ,
Data Brokers ,
Data Collection ,
Data Protection ,
Data Use Policies ,
Federal Trade Commission (FTC) ,
Internet Streaming ,
Online Safety for Children ,
Personal Information ,
Popular ,
Privacy Concerns ,
Social Media
On September 10, eight Democratic Senators urged the heads of the FTC and DOJ’s Antitrust Division to investigate certain generative AI features used by dominant online platforms that may violate competition laws....more
On August 21, the National Institute of Standards and Technology (NIST) released the second draft of its revised Digital Identity Guidance, which NIST first published in 2004 and last revised in 2017.
The draft guidance...more
On August 27, Senator Mike Rounds (R-SD) unveiled five AI bills for Congress to consider when its members return from the August recess on September 8.
Three are stand-alone bills that would promote the use of AI in the...more
In the midst of increased focus of federal enforcers and courts on application of antitrust laws to developing technology, the U.S. Department of Justice (DOJ) filed an antitrust lawsuit on Friday accusing RealPage Inc., a...more
On August 14, the FTC announced its much-anticipated final rule banning fake reviews and testimonials.
The final rule prohibits the purchase, sale, and dissemination of fake reviews, incentivized reviews, and certain...more
8/23/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Celebrity Endorsements ,
Disclosure Requirements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Popular ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
On July 31, 2024, the Senate Commerce Committee advanced 10 AI-related bills for consideration in the full Senate.
The bills touch on nearly every facet of the AI ecosystem, from AI standards and requirements to AI...more
This week, the Antitrust Division of the U.S. Department of Justice (DOJ) reached one of its largest “gun jumping” settlements following allegations that sporting and entertainment events company, Legends Hospitality,...more
8/8/2024
/ Antitrust Division ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Injunctive Relief ,
Negotiations ,
Neither Admit Nor Deny Settlements ,
Penalties ,
Sensitive Personal Information ,
Sports ,
Tunney Act
On Monday, Judge Amit P. Mehta of the United States District Court for the District of Columbia issued a 277-page opinion finding Google liable for monopolizing the general search services and general search text ads markets....more
On July 23, 2024, the leading competition enforcers in the US, EU, and UK released a Joint Statement on Competition in Generative AI Foundation Models and AI products.
The statement outlines risks to competition that are...more
8/5/2024
/ Artificial Intelligence ,
Competition ,
DOJ Strike Force ,
Enforcement ,
EU ,
European Commission ,
Fair Dealing Exception ,
Federal Trade Commission (FTC) ,
Machine Learning ,
UK ,
UK Competition and Markets Authority (CMA)