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SEC Proposes Cybersecurity Rules for Publicly Traded Companies

What: Publicly traded companies may soon be subject to additional cybersecurity reporting requirements. On March 9, 2022, the Securities and Exchange Commission (SEC) proposed rules and amendments to enhance and standardize...more

California Privacy Enforcement Moves Forward With Rulemaking on Horizon

Big changes are underway in California privacy, with a brand new privacy agency, forthcoming new privacy rules due by July, and a new comprehensive privacy framework going into effect in January 2023. As businesses subject to...more

Congress and State Legislatures Proposing Youth-Focused Privacy Laws

Legislators in Washington, DC, and in multiple states have rolled out proposals focused on children’s and teens’ privacy that would significantly affect companies that provide online applications and services....more

Cyber Partnership or Regulation—What Lurks Beneath the Water “Surge”?

Federal agencies have been actively looking at cyber threats to critical infrastructure. In a January 27 announcement the White House said: “it will extend the Industrial Control Systems (ICS) Cybersecurity Initiative to the...more

Steps to Take in 2022 To Prepare for New State Privacy Laws

Privacy In Focus®- The last several years have seen major developments in state privacy laws. While Congress remains gridlocked on the federal privacy front, states enacted omnibus data privacy bills that will impact...more

‘An Avalanche of Rulemakings’ – The FTC Gears Up for an Active 2022

Privacy In Focus®- On December 10, 2021, the Federal Trade Commission (FTC) published its Annual Regulatory Plan for 2022 – the first under FTC Chair Lina Khan – noting that it “will consider developing both...more

FTC Commences Rulemaking Targeting Business and Government Impersonation Fraud

On December 16, the Federal Trade Commission (FTC) voted 4-0 to issue an Advance Notice of Proposed Rulemaking (ANPRM) to commence a rulemaking targeting rising business and government impersonation fraud. Critically, the...more

FCC Proposes New Robocall Mitigation Regulations on Gateway Providers

At the September 30, 2021 Open Meeting, the Federal Communications Commission (FCC or Commission) adopted a Fifth Further Notice of Proposing Rulemaking (FNPRM) that proposes additional regulatory requirements on the gateway...more

California Set to Begin Potentially Far-Reaching Rulemaking on Privacy

As 2021 draws to a close, businesses subject to California’s privacy laws should pay close attention to developments underway in that state that will have broad impacts on compliance strategies. On September 22, 2021, the...more

FCC Proposes New Regulations on Gateway Providers; Defers Enforcement on Foreign Provider Prohibition

At the September 30, 2021 Open Meeting, the Federal Communications Commission (FCC or Commission) adopted a Fifth Further Notice of Proposing Rulemaking (FNPRM) that proposes additional regulatory requirements on the gateway...more

California’s New Privacy Agency Kicks Off the New CPRA Rulemaking Process

On September 22, 2021, the California Privacy Protection Agency (CPPA or Agency)—the new agency established by the California Privacy Rights and Enforcement Act (CPRA)—released an Invitation for Preliminary Comments on...more

AI Risk Management Framework Is Among Emerging Federal Initiatives on AI

Artificial intelligence (AI) has drawn significant policy interest for quite some time now, and a federal approach is taking shape. A recent flurry of federal activity on the AI front has emanated in large part from the U.S....more

[Webinar] Implementing AI Governance: An International Perspective - July 27th, 10:00 am - 11:00 am EDT

Policymakers in the United States and Europe are paying close attention to implementation of artificial intelligence (AI) across a range of sectors – focusing on issues like bias, transparency, privacy, and security. While...more

The FTC’s Public Meeting Forecasts an Active and Far-Reaching Agenda Under Chair Lina Khan

President Biden’s pick to Chair the Federal Trade Commission (FTC), Lina Khan, was confirmed and appointed on June 15, and has already moved to kick-start agency action on a number of fronts, including on both Commission...more

CCPA Compliance Reminder: Annual Privacy Policy Update

Companies subject to the California Consumer Privacy Act (CCPA) are required to update their online privacy policies “at least once every 12 months,” as detailed in the statute. For many companies that updated their CCPA...more

Colorado Legislature Passes Comprehensive Privacy Law: Five Things You Should Know About the Colorado Privacy Act

On June 8, 2021, the Colorado Legislature passed the Colorado Privacy Act (CPA or “Act”), moving Colorado close to becoming the third state in the nation with its own omnibus privacy law, joining California and Virginia. If...more

New at the FTC: Agency Forges Ahead Even As Supreme Court Curbs Authority

The Federal Trade Commission (FTC) has been in the headlines this month, following a significant U.S. Supreme Court decision that curbs its authority to seek monetary relief in federal court cases. However, this setback is...more

Five Considerations for Navigating Privacy Compliance Under Virginia’s and California’s New Laws

In March 2021, with the passage of the Consumer Data Protection Act (CDPA), Virginia took its place as the second state to enact comprehensive data privacy legislation. Virginia follows California, where voters recently...more

Biden’s Cyber EO Aims to Improve Federal Security and Move Private Sector

On May 12, 2021, President Biden issued the long-expected Executive Order on Improving the Nation’s Cybersecurity (“EO” or “Order”). The EO comes amidst a series of high-profile cyber-attacks on the Nation and its critical...more

FTC Outlines Approach to Discrimination in AI and Foreshadows Potential Enforcement

A recent blog post from the Federal Trade Commission (FTC) provides direct guidance on the FTC’s approach to Artificial Intelligence (AI) bias and signals potential enforcement in this area. The post—entitled Aiming for...more

Supreme Court Curbs FTC Power to Seek Monetary Relief

In a unanimous decision on April 22, 2021, the U.S. Supreme Court significantly limited the ability of the Federal Trade Commission (FTC) to obtain monetary relief in federal court cases. In AMG Capital Management, LLC v....more

Utah Establishes a Legal Safe Harbor for Companies That Adopt Data Security Programs

Utah has become the second state to establish a legal safe harbor for private-sector entities that follow certain cybersecurity best practices. On March 11, 2021, Utah’s Governor Spencer Cox signed into law the Cybersecurity...more

FCC’s Acting Chairwoman Rosenworcel to Continue the Agency’s Anti-Robocall Work

During the March Open Meeting, Federal Communications Commission (FCC) Acting Chairwoman Jessica Rosenworcel announced her first set of anti-robocall actions to kick off efforts to combat unwanted robocalls. The FCC’s actions...more

SCOTUS Provides TCPA Clarity by Rejecting Expansive Autodialer Definition

In its second major Telephone Consumer Protection Act (TCPA) ruling since last July, on April 1, 2021, the U.S. Supreme Court rendered a unanimous decision interpreting a critical term in the statute: “automatic telephone...more

[Webinar] Virginia’s New Privacy Law: How to Navigate the Latest Privacy Framework - April 27th, 2:00 pm - 3:00 pm EDT

Virginia recently became the second state to pass a comprehensive privacy law. What does it mean for you and your business? While the law is not effective until the beginning of 2023, it requires significant changes in how...more

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