On January 16, 2025, the Bureau of Industry and Security (BIS) published the Final Rule, prohibiting the import of “vehicle connectivity system” (VCS) hardware (including connected vehicles integrating that hardware) and the...more
2/14/2025
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Bureau of Industry and Security (BIS) ,
China ,
Export Controls ,
Final Rules ,
NPRM ,
Russia ,
Supply Chain ,
Trade Policy ,
U.S. Commerce Department
Welcome to the November-December edition of Akin Intelligence. As the end of 2024 approached, the European Union (EU) sustained progress on guidance and supporting materials for its AI Act and international AI Safety...more
2/3/2025
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Centers for Medicare & Medicaid Services (CMS) ,
China ,
Clinical Trials ,
Compliance ,
Department of Homeland Security (DHS) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
GAO ,
New Rules ,
NIST ,
Regulatory Agenda ,
Semiconductors ,
Technology Sector
On January 17, 2025, days before the inauguration, former President Joe Biden issued an executive order titled Strengthening and Promoting Innovation in the Nation's Cybersecurity (EO 14144). Building on previous efforts,...more
1/22/2025
/ Artificial Intelligence ,
China ,
Cybersecurity ,
Data Protection ,
Data Security ,
Executive Orders ,
Infrastructure ,
Internet of Things ,
National Security ,
Risk Management ,
Supply Chain
The California Privacy Protection Agency (CPPA) announced the formal public comment period for its latest proposed rulemaking package, which includes updates to existing regulations and introduces new guidelines for automated...more
1/13/2025
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Insurance Industry ,
Personal Information ,
Privacy Laws ,
Regulatory Requirements ,
Risk Assessment ,
Rulemaking Process
Welcome to the Akin Intelligence September-October recap. Around the one-year anniversary of the AI Executive Order, the White House announced that agencies had carried out their directives. Members of Congress introduced a...more
12/16/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
COPPA ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
EU ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Interim Final Rules (IFR) ,
National Security ,
NIST ,
Notice of Proposed Rulemaking (NOPR) ,
Semiconductors ,
UK
The European Commission’s (EC) public consultation on the draft delegated act in relation to access by researches to data from providers of very large online platforms (VLOPs) and very large online search engines (VLOSEs)...more
On 14 November 2024, the European Union’s AI Office published the first draft of the General-Purpose AI Code of Practice (the Code). The purpose of the Code is to help providers (i.e., developers) of general-purpose AI models...more
The Department of Justice’s (DOJ) proposed rule implements President Biden’s Executive Order (EO) on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of...more
11/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biometric Information ,
CFIUS ,
China ,
Department of Justice (DOJ) ,
Due Diligence ,
Geolocation ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
NIST ,
Penalties ,
Proposed Rules ,
Recordkeeping Requirements ,
Russia ,
Sensitive Personal Information ,
Telecommunications
During the course of any lending transaction, lenders will conduct a due diligence review of the borrower, including reviewing any relevant “know-your-customer” information. In the context of a fund finance transaction, this...more
10/10/2024
/ Borrowers ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Due Diligence ,
EU ,
Financial Institutions ,
Firewalls ,
General Data Protection Regulation (GDPR) ,
Investors ,
Lenders ,
Multi-Factor Authentication ,
SaaS
On September 26, 2024, the Office of Information Communications Technology Services (OICTS) within the Bureau of Industry and Security of the U.S. Department of Commerce published a long-awaited proposed rule to regulate the...more
Following the publication of the European Union’s Artificial Intelligence Act (AI Act or Act) on 12 July 2024, there are now a series of steps that various EU bodies need to take towards implementation. One of the first key...more
Welcome to the July edition of Akin Intelligence. This month, United States agencies released several key pieces of artificial intelligence (AI) guidance, including patent eligibility guidance from the United States Patent...more
9/3/2024
/ Artificial Intelligence ,
Bias ,
Deceptive Intent ,
Department of Energy (DOE) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
General Services Administration (GSA) ,
HUD ,
Machine Learning ,
NTIA ,
Patent-Eligible Subject Matter ,
Proposed Rules ,
Regulatory Agenda ,
USPTO
Judge Engelmayer’s 107-page dismissal of most of the U.S. Securities and Exchange Commission (SEC)’s claims against SolarWinds provides valuable guidance, and some comfort, for public companies and Chief Information Security...more
8/19/2024
/ Chief Information Security Officer (CISO) ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Disclosure Requirements ,
Fraud ,
Internal Controls ,
Misrepresentation ,
Negligence ,
Ransomware ,
Scienter ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
SolarWinds
Key Points - The Senate has passed landmark children’s online privacy and safety legislation via a near-unanimous vote shortly before departing for the August recess. The bill is comprised of revised versions of the Kids...more
8/2/2024
/ Artificial Intelligence ,
Consent ,
COPPA ,
Data Collection ,
Disclosure Requirements ,
Duty of Care ,
Federal Trade Commission (FTC) ,
Market Research ,
Minor Children ,
NDAA ,
Personal Information ,
Preemption ,
Privacy Policy ,
Proposed Legislation ,
Social Media ,
Transparency
On 12 July 2024, the European Union Artificial Intelligence Act (AI Act or Act) was published in the Official Journal of the European Union (EU), marking the final step in the AI Act’s legislative journey. Its publication...more
Welcome to the June edition of Akin Intelligence. This month, the General Services Administration (GSA) launched its first AI-focused cohort of Presidential Innovation Fellows (PIF), bringing together experts from across the...more
7/15/2024
/ Artificial Intelligence ,
Clinical Trials ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Defense (DOD) ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Services Administration (GSA) ,
Healthcare ,
Innovation ,
Machine Learning ,
Medicare ,
NIST ,
OSTP ,
Political Advertising ,
Transparency
On June 24, 2024, the U.S. Securities and Exchange Commission (SEC) published five new Form 8-K Compliance and Disclosure Interpretations (C&DIs) expanding the agency’s interpretations of cybersecurity incident disclosures...more
On April 24, 2024, President Biden signed into law H.R. 815, a national security and foreign aid package which includes the “Protecting Americans’ Data from Foreign Adversaries Act of 2024” (“PADFA”). The Act establishes new...more
Welcome to the April-May edition of Akin Intelligence. This edition is a double header, covering both months as we prepare for the launch of our new AI Hub—a one-stop resource for AI coverage that will launch soon. Starting...more
6/14/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFTC ,
Department of Homeland Security (DHS) ,
Draft Guidance ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Know Your Customers ,
Machine Learning ,
Memorandum of Understanding ,
National Science Foundation ,
NIST ,
OMB ,
Risk Management ,
UK ,
USPTO
In May, the National Institute of Standards and Technology (NIST) issued updated recommendations for security controls for controlled unclassified information (CUI) that is processed, stored or transmitted by nonfederal...more
On April 4, 2024, Kentucky became the fifteenth state to enact a comprehensive data privacy law, with Governor Andy Beshear signing the Kentucky Consumer Data Protection Act (KCDPA) into law. The Kentucky law will go into...more
6/3/2024
/ Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Fair Credit Reporting Act (FCRA) ,
FERPA ,
General Data Protection Regulation (GDPR) ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-In ,
Popular ,
Right of Access ,
Sensitive Personal Information ,
State Data Privacy Laws
Key Points - Colorado's new Al law creates new obligations for developers and deployers of high-risk artificial intelligence (Al) systems. Similar to the EU Al Act, the law is risk-based and defines a "high-risk" Al system as...more
6/3/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Colorado ,
Compliance ,
Disclosure Requirements ,
Governance Standards ,
High Risk Sectors ,
New Legislation ,
Penalties ,
Reporting Requirements ,
Risk Management ,
Transparency
On May 21, 2024, the European Union finalized the adoption of the groundbreaking EU Artificial Intelligence Act, a comprehensive and sector-agnostic legislation that extends globally. This 420-page Act aims to regulate the...more
6/3/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Code of Conduct ,
Compliance ,
Critical Infrastructure Sectors ,
Enforcement ,
EU ,
European Commission ,
Facial Recognition Technology ,
Information Governance ,
Machine Learning ,
Medical Devices ,
New Legislation ,
OECD ,
Penalties ,
Regulatory Standards ,
Risk Assessment ,
Risk Management ,
Supply Chain ,
Transparency ,
Voting Requirements
Key Points - Colorado’s new AI law creates new obligations for developers and deployers of high-risk artificial intelligence (AI) systems. Similar to the EU AI Act, the law is risk-based and defines a “high-risk” AI system as...more
5/28/2024
/ Algorithms ,
Artificial Intelligence ,
Colorado ,
Consumer Protection Laws ,
Disclosure Requirements ,
Documentation ,
Enforcement ,
EU ,
General Data Protection Regulation (GDPR) ,
Proposed Legislation ,
Risk Assessment ,
Risk Management ,
Transparency ,
Watershed
On 21 May 2024 the Council of the European Union (EU) announced the final approval of the landmark EU Artificial Intelligence Act (AI Act or Act). As previously highlighted (see our December 2023 alert), the AI Act is a first...more
5/24/2024
/ Artificial Intelligence ,
Data Collection ,
Enforcement ,
Ethics ,
EU ,
Facial Recognition Technology ,
Final Rules ,
Information Governance ,
OECD ,
Penalties ,
Risk Management ,
Sensitive Personal Information ,
Supply Chain ,
Transparency