In a major change to a law that produced extraordinarily high damages claims and settlements, the Illinois General Assembly amended the Biometric Information Privacy Act (BIPA) to substantially reduce potential liability for...more
On June 7, 2024, the New York Legislature passed two bills to protect children online. The Stop Addictive Feeds Exploitation (SAFE) for Kids Act, S7694A, prohibits social media platforms from providing defined "addictive...more
6/27/2024
/ Civil Monetary Penalty ,
COPPA ,
Damages ,
Data Collection ,
Data Selling ,
Data-Sharing ,
Enforcement ,
Minor Children ,
New Legislation ,
New York ,
Notification Requirements ,
Online Safety for Children ,
Parental Consent ,
Personal Data ,
Privacy Laws ,
Rulemaking Process ,
State Bans ,
State Privacy Laws ,
Third-Party
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
6/7/2024
/ Broadband ,
Broadband Internet Access Services (BIAS) ,
Chevron Deference ,
Child Abuse ,
Communications Act of 1934 ,
Congressional Review Act ,
Copyright Infringement ,
Data Privacy ,
Data Protection ,
Enforcement ,
FCC ,
Internet ,
National Security ,
Net Neutrality ,
Open Internet Rules ,
Preemption ,
Privacy Laws ,
Public Safety ,
Telecommunications ,
Transparency ,
Website Accessibility
On May 25, 2024, Minnesota Governor Tim Walz signed the Minnesota Consumer Data Privacy Act (the "Act"), which takes effect on July 31, 2025, for most controllers and on July 31, 2029, for certain postsecondary educational...more
6/5/2024
/ Consumer Privacy Rights ,
COPPA ,
Data Collection ,
Data Controller ,
Data Protection ,
Data Security ,
Data Selling ,
Enforcement ,
Fair Credit Reporting Act (FCRA) ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Opt-Outs ,
Personal Data ,
PHI ,
State Privacy Laws ,
Targeted Digital Advertising
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
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
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
On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill 322 ("the Act"), making New Jersey the fourteenth state to enact a comprehensive consumer data privacy law, joining California, Virginia,...more
1/23/2024
/ Advertising ,
Consumer Privacy Rights ,
COPPA ,
Data Protection ,
Enforcement Actions ,
FERPA ,
Governor Murphy ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Jersey ,
New Legislation ,
Online Safety for Children ,
Opt-Outs ,
Personal Information ,
PHI ,
Privacy Laws ,
State Privacy Laws
On November 20, 2023, as required by Section 60506 of the Infrastructure Investment and Jobs Act of 2021 (Infrastructure Act), 47 U.S.C. § 1754, the Federal Communications Commission issued a Report and Order and Further...more
On November 16, 2023, the Federal Communications Commission ("FCC" or "Commission") released a Report and Order and Further Notice of Proposed Rulemaking ("Order and FNPRM") revising the FCC's Customer Proprietary Network...more
The AI executive order moves the U.S. closer to a broader unified approach on federal AI regulation, expanding on the AI Bill of Rights and NIST AI Risk Management Framework and focusing on the responsible development and...more
11/8/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Defense Production Act ,
Department of Energy (DOE) ,
Department of Homeland Security (DHS) ,
ECOA ,
Executive Orders ,
Fair Credit Reporting Act (FCRA) ,
Fair Housing Act (FHA) ,
HUD ,
Infrastructure ,
National Security ,
NIST ,
OMB ,
Patent Trial and Appeal Board ,
Popular ,
Privacy Laws ,
Public Health ,
Risk Management ,
Security Standards ,
Technology Sector ,
U.S. Commerce Department
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
Although a digital subscriber to an online newsletter may have standing to sue under the Video Privacy Protection Act ("VPPA"), 18 U.S.C. § 2710(b)(1), if the newsletter subscription contains no audio-visual content, that...more
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
9/1/2023
/ Advertising ,
Artificial Intelligence ,
Deep Fake ,
Federal Election Campaign Act ,
Federal Election Commission (FEC) ,
First Amendment ,
Fraud ,
Misrepresentation ,
Parody ,
Petition for Rulemaking ,
Political Campaigns ,
Satire
The U.S. District Court for the Northern District of Illinois, Eastern Division, issued an order on June 30, 2023, that may substantially alter the risk exposure for entities sued for violations of the Illinois Biometric...more
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
7/31/2023
/ Algorithms ,
Artificial Intelligence ,
China ,
Compliance ,
Consent ,
Corporate Counsel ,
Cybersecurity ,
Digital Service Providers ,
Intellectual Property Protection ,
Interim Rule ,
Labeling ,
Licensing Rights ,
Machine Learning ,
Personal Information ,
Research and Development ,
Technology Sector ,
Training
Oregon becomes the 12th state with a comprehensive consumer data privacy law -
The Oregon Consumer Privacy Act (OCPA) became law on July 18, 2023. Oregon is the twelfth state to enact a comprehensive consumer data privacy...more
7/20/2023
/ Consumers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Security ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Oregon ,
Personal Data ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
Swiftly on the heels of the U.S. announcing it fulfilled its commitments for implementing the EU-U.S. Data Privacy Framework (the Framework), the European Commission (the EC) formally recognized that commercial organizations...more
7/14/2023
/ Court of Justice of the European Union (CJEU) ,
Data Security ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Enforcement ,
EU Data Protection Laws ,
European Commission ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Liability ,
Notice Requirements ,
ODNI ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
US-EU Safe Harbor Framework
The Texas Data Privacy and Security Act (TDPSA) became law on June 16, 2023. Texas becomes the 11th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut, Utah, Iowa,...more
7/7/2023
/ Biometric Information ,
Compliance ,
Consent ,
Data Privacy ,
Data Protection ,
Data Security ,
Fair Credit Reporting Act (FCRA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Discrimination Rules ,
Notice Requirements ,
Opt-Outs ,
Popular ,
Private Right of Action ,
Reporting Requirements ,
SBA ,
Sensitive Personal Information ,
Small Business ,
State Privacy Laws ,
Texas
The Connecticut legislature passed and the governor recently signed amendments to the Connecticut Data Privacy Act (CTDPA), the state's comprehensive consumer data privacy law, which goes into effect July 1, 2023. Some...more
7/3/2023
/ Confidential Information ,
Connecticut ,
Data Privacy ,
Email ,
Enforcement Actions ,
Minors ,
New Amendments ,
Personal Data ,
PHI ,
Sensitive Personal Information ,
Social Media
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
The Florida Digital Bill of Rights (FDBR) was signed into law by Governor Ron DeSantis on June 6, 2023, making Florida the tenth state to enact a consumer data privacy law along with California, Virginia, Colorado,...more
6/9/2023
/ Biometric Information ,
Consent ,
Consumer Privacy Rights ,
COPPA ,
Data Collection ,
Data Protection ,
Data Retention ,
Data Selling ,
Disclosure Requirements ,
Enforcement ,
Facial Recognition Technology ,
Florida ,
New Legislation ,
Notice Requirements ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
Rulemaking Process ,
Sensitive Personal Information ,
Social Media
On May 18, 2023, the Federal Trade Commission (FTC) issued a policy statement warning that the proliferation of technologies that use or claim to use biometric information may bring risks with regard to consumer privacy and...more
6/2/2023
/ Biometric Information ,
Data Collection ,
Data Security ,
Deep Fake ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Fingerprints ,
FTC Act ,
Innovative Technology ,
Section 5 ,
Unfair or Deceptive Trade Practices
Montana is the ninth state to enact a comprehensive consumer data privacy law -
Montana Governor Greg Gianforte signed the Montana Consumer Data Privacy Act (MTCDPA) on May 19, 2023, after unanimous passage through the...more
Italy's Data Protection Agency (DPA) lifted a temporary ban on ChatGPT's operations in Italy after OpenAI, the purveyor of the generative AI system, agreed to implement a series of changes to its online notices and privacy...more