Update as of January 2, 2025: The U.S. Court of Appeals for the 6th Circuit issued a decision on the consolidated petitions for review of the FCC's 2024 Open Internet Order. In its January 2 decision, which relies heavily on...more
1/3/2025
/ Appellate Courts ,
Broadband ,
Broadband Internet Access Services (BIAS) ,
Chevron Deference ,
Customer Proprietary Network Information (CPNI) ,
Disability Access Claims ,
Enforcement ,
FCC ,
General Duty Clause ,
Internet ,
Loper Bright Enterprises v Raimondo ,
Net Neutrality ,
No-Blocking Rules ,
Popular ,
Privacy Laws ,
Rate Regulations ,
Reclassification Rules ,
Statutory Authority ,
Tariffs ,
Telecommunications ,
Title II ,
Transparency
Governor Newsom has vetoed SB 1047 but signed into law three other laws regulating the development and deployment of certain artificial intelligence (AI) tools. As explained in detail in our prior post, California's...more
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
9/10/2024
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
Compliance ,
Covered Providers ,
Cyber Attacks ,
Damages ,
Deep Fake ,
Disclosure Requirements ,
Employment Contract ,
Enforcement ,
Incident Response Plans ,
Machine Learning ,
Penalties ,
Proposed Legislation ,
Regulatory Reform ,
Reporting Requirements ,
Risk Assessment ,
Training ,
Transparency
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 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
5/24/2024
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Copyright ,
Data Privacy ,
Department of Energy (DOE) ,
General Elections ,
Innovation ,
Intellectual Property Protection ,
Machine Learning ,
NASA ,
National Security ,
New Rules ,
NIST ,
Policies and Procedures ,
Risk Mitigation ,
Transparency
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
5/21/2024
/ Affirmative Defenses ,
Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Corporate Counsel ,
Disclosure Requirements ,
Documentation ,
Duty to Report ,
Enforcement ,
Intellectual Property Protection ,
New Regulations ,
NIST ,
Risk Management ,
Transparency ,
Websites
On November 27, 2023, the California Privacy Protection Agency (CPPA) released draft regulations mandating notice, opt-out, and information access requirements for companies using automated decision-making technology (ADMT)...more
12/8/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Business Entities ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Criminal Justice Reform ,
Cybersecurity ,
Employer Liability Issues ,
Financial Services Industry ,
Healthcare ,
Machine Learning ,
New Rules ,
Notice Requirements ,
Opt-Outs ,
Regulatory Agenda ,
Technology Sector ,
Transparency
Authorized by the 2019 Defense Authorization Act, the National Security Commission on Artificial Intelligence (NSCAI) has been working for two years to develop a comprehensive national strategy to leverage artificial...more
On Thursday, December 16, the FCC announced that the Office of Management and Budget had approved the long-delayed “enhanced” Open Internet transparency requirements, which were originally approved in March 2015. As a result,...more
Continuing its efforts to enforce the Open Internet transparency rules, the FCC’s Enforcement Bureau on Wednesday, Oct. 19, announced a settlement and consent decree with a mobile broadband ISP (T-Mobile) under which the...more
On May 19, the FCC’s Chief Technologist, Office of General Counsel, and Enforcement Bureau (“Bureaus”) released new guidance addressing implementation of the enhanced transparency disclosure requirements required by the 2015...more
Smaller broadband providers now have an opportunity to convince the FCC to maintain the small provider exemption from the new “enhanced” transparency (disclosure) requirements of the 2015 Open Internet Order. As we explained...more
If you work for a broadband service provider and haven’t recently reviewed your FCC-mandated network management “transparency” disclosures posted on your website, we suggest you make that the next thing you do after reading...more
7/23/2015
/ AT&T Mobility ,
Breach of Contract ,
Broadband ,
Compliance ,
Data Plan ,
Disclosure Requirements ,
FCC ,
Fines ,
Misrepresentation ,
Mobile Devices ,
Open Internet Rules ,
Transparency ,
Unjust Enrichment
The FCC issued a Notice of Apparent Liability (“NAL”) to AT&T for alleged violations of the 2010 Open Internet “transparency rule.” The FCC contends that AT&T “willfully and repeatedly” violated the rule by: (1) using the...more
The Order does not formally modify the text of the existing “transparency” rule, which was upheld by the D.C. Circuit in Verizon v. FCC in 2014. However, the Order does prescribe numerous “enhancements” to the rule, which...more