News & Analysis as of

Telecommunications Surveillance

Wiley Rein LLP

Department of Defense is Tackling AI Challenges, Considering Bills of Materials

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As Artificial Intelligence (AI) grows in popularity, discussion of its potential uses and risks is everywhere. The Department of Defense (DoD) is no exception and has been considering how AI development can be helpful or...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – November 2022

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GOVERNMENT CONTRACTS - Prohibition on Use or Delivery of Chinese Telecommunications and Video Surveillance Products and Services: The Potential Link Between Section 889 of the 2019 NDAA and Section 1260H of the 2021 NDAA,...more

Wiley Rein LLP

Wireless Roundup (October 2022)

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FCC Seeks Comment on Call Authentication Trust Anchor: In this Public Notice, the Wireline Competition Bureau (WCB or Bureau) of the Federal Communications Commission (FCC or Commission) requests comment on “address[ing] two...more

EDRM - Electronic Discovery Reference Model

[Flash Webinar] Deleted Text Messages from Secret Service, DOD & DHS - August 18th, 1:00 pm - 2:15 pm ET

EDRM Ripped From the Headlines Webinar Series: In this fireside roundtable, guests, Jason R. Baron, former NARA and current Professor of the Practice at the University of Maryland and James and Jack Dever, cyber attorneys...more

Holland & Knight LLP

ICTS Investigations: The Commerce Department's New Tool

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Back in May 2019, the Trump Administration issued Executive Order 13873, which was meant to police the use of certain information and communications technology and services (ICTS) purchased from "foreign adversaries." Then,...more

Husch Blackwell LLP

Frequently Asked Contractor Questions About Section 889

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Have you a received Section 889 letter yet? If not, you may soon. The letters ask whether you provide or use “covered telecommunications equipment or services.” They are part of the implementation of Section 889 of the John...more

Wiley Rein LLP

Commerce Publishes New Controls on Emerging Technologies

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On October 5, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a rule implementing certain changes in the Export Administration Regulations (EAR) that were agreed upon in December 2019...more

Stinson - Government Contracting Matters

And Still More Guidance Comes Out on Section 889 Implementation

The saga of what is prohibited and what is covered by an exception to the National Defense Authorization Act, FY 2019, Section 889 prohibition on the use or delivery of covered telecommunications and video surveillance...more

McCarter & English Blog: Government Contracts...

The Perils Of Section 889 Part B Execution: The DoD Waiver

When last we left the Federal Government, agency buyers were staring down the Interim Rule prohibiting them from contracting with entities that use “covered telecommunications equipment” under Section 889(a)(1)(B) (“Section...more

Stinson - Government Contracting Matters

DNI Apparently Has Granted DoD A Limited Temporary Waiver of Section 889 Implementation

Government contractors have been closely watching developments in the implementation of Section 889 of the National Defense Authorization Act for FY 2019, which bans government contractors’ use and provision of...more

Akin Gump Strauss Hauer & Feld LLP

Section 889(a)(1)(B): Five Things to Know About the Interim Rule and a Roadmap for Compliance

- Akin Gump is hosting a Webinar tomorrow, August 6, 2020, at 12:00 p.m. (EST) to discuss Section 889, the implementing regulations, and the grant and loan restrictions also effective August 13, 2020. - On July 14, 2020,...more

Stinson - Government Contracting Matters

Federal Contractors’ Compliance Responsibilities Just Got Easier, or Did They?

On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National...more

Alston & Bird

DoD Weighs In As Federal Contractors Search for Guidance on Implementation of Section 889 Part B

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To curb the threat of U.S. foreign adversaries gaining access to critical infrastructure and stealing sensitive information, Congress passed Section 889 (“Prohibition on Certain Telecommunications and Video Surveillance...more

McDermott Will & Emery

August 13, 2020, Deadline for Healthcare Providers and Life Sciences Federal Contractors: Ban on Use of Certain Chinese...

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Effective August 13, 2020, an Interim Rule jointly issued by the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) that amends the Federal...more

Stinson LLP

Federal Contractors' Compliance Responsibilities Just Got Easier, or Did They?

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On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National...more

Morrison & Foerster LLP

Interim Rule Issued To Implement 2019 NDAA Prohibition On The Use Of Covered Telecommunication And Video Surveillance Equipment Or...

On July 14, 2020, the Federal Acquisition Regulation (“FAR”) Council published a long-awaited interim rule (the “Interim Rule”) implementing the second prong of Section 889 of the 2019 National Defense Authorization Act...more

Hogan Lovells

State Department signals increased focus on surveillance technology and human rights abuses

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On 4 September 2019 the U.S. State Department issued "Draft 'U.S. Government Guidance for the Export of Hardware, Software and Technology with Surveillance Capabilities and/or parts/know-how'" (draft guidance). ...more

Stinson - Government Contracting Matters

Managing Your Supply Chain Just Got Trickier: Interim FAR Rule Prohibiting Contracting for Telecommunications and Video...

Continuing threats to the supply chain pose increasing risks to our national security. The new interim Federal Acquisition Regulation (FAR) rule published on August 13, 2019, seeks to address certain of these threats by...more

Akin Gump Strauss Hauer & Feld LLP

Agencies Release Interim Final Rule Implementing First Phase of 2019 NDAA Section 889

• On August 7, the DOD, GSA, and NASA released a prepublication version of an Interim Final Rule implementing paragraph (a)(1)(A) of § 889 of the 2019 NDAA. The rule is effective next Tuesday, August 13, 2019. • Among its...more

Womble Bond Dickinson

NDAA Includes Prohibitions on Certain Telecom, Video Surveillance Equipment

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Congress yesterday passed the 2019 National Defense Authorization Act (NDAA), which includes a section on prohibitions ofcertain telecommunications and video surveillance equipment (Sec. 889). The bill is expected to be...more

Hogan Lovells

Polish DPA Releases Data Privacy Inspection Plans – Targets Health, Shopping

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The Polish Data Protection Authority (GIODO) has just released its inspection plans for 2017. This year, the GIODO has decided to target its review of compliance with data protection laws on the health services and consumer...more

Dorsey & Whitney LLP

EU court strikes down security legislation over privacy concerns

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A recent decision of the Court of Justice of the European Union (“ECJ”) imposes restrictions on the use by member states’ law enforcement and national security agencies of telecommunication traffic and location records as...more

A&O Shearman

Latest Developments in US Privacy and Technology Law

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This update provides a snapshot of the Senate’s vote on expansion of the FBI’s National Security Letter authority and the House’s upcoming vote on the Financial Services and General Government appropriations bill as it...more

King & Spalding

U.S. Spy Court Grants NSA Permission To Collect Telephone Records

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The U.S. Foreign Intelligence Surveillance Court (“FISA Court”) unsealed an order on April 19, 2016, in which it allowed the National Security Agency (“NSA”) to compel specific telephone records related to an ongoing...more

Morrison & Foerster LLP

Spies, Hacking & Civil Liberties in the UK

In late 2015, Theresa May, the UK Home Secretary introduced the Investigatory Powers Bill (the “Bill”). Mrs May stated that the Bill was introduced to ensure that surveillance laws are “modern, fit for purpose and can...more

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