In an unconventional opening to the normally staid proceedings of the United States Senate, the voice of Frank Sinatra introduced the July 12, 2023 Senate Judiciary Subcommittee hearing on artificial intelligence (AI) and intellectual property. More accurately, an AI-generated version
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Biden Admin Eyes IoT Cyber Practices
On June 18, 2023, the Biden-Harris administration announced the launch of a new “U.S. Cyber Trust Mark” program (hereinafter the “Program”). First proposed by Federal Communication Commission (“FCC”) Chairwoman Jessica Rosenworcel, the Program aims to increase transparency and competition across…
California Privacy Rights Act Enforcement Delayed
In a June 30, 2023 decision by the Superior Court of California, County of Sacramento, the Court issued a ruling delaying agency enforcement of final regulations under the California Privacy Rights Act (CPRA) until March 2024. Calfornia Chamber of Commerce…
FTC Policy Statement on Biometric Information and Section 5 of the FTC Act Frames Agency’s Approach to Deception and Unfairness, Signaling Enforcement Priorities
On May 18, 2023, the Federal Trade Commission issued a Policy Statement on biometric information technologies and the agency’s approach to regulating the use of biometric information under Section 5.
The guidance addresses both unfair and deceptive acts, providing…
Impacts of the National Cybersecurity Strategy on Government and Private Sector Collaboration
On March 2, 2023, the Biden-Harris Administration released the National Cybersecurity Strategy.[i] The highly anticipated Strategy has illuminated that a more overt and aggressive approach to mitigating cyber risks may be necessary to drive real change, leading to…
AI-Powered Chatbots: Mythical Super Creature or Legal Trojan Horse
Ever since the public launch of OpenAI’s ChatGPT, the world has been gasping at the astonishing accomplishments of this generative AI chatbot: a simple “prompt” in the form of a question (“which are the most important decisions of the CJEU…
Spy Games: Biden Administration Issues Executive Order Restricting Federal Use of Commercial Spyware
Overview
On March 27, 2023, President Biden signed the Executive Order on Prohibition on Use by the United States Government of Commercial Spyware that Poses Risks to National Security (EO), restricting federal agencies’ use of commercial spyware. The Biden Administration…
DoD Digs In Its Cyber “SPRS”: New Solicitation Provision Requires Contracting Officers to Consider SPRS Risk Assessments
On March 22, 2022, the Department of Defense (DoD) issued a final rule requiring contracting officers to consider supplier risk assessments in DoD’s Supplier Performance Risk System (SPRS) when evaluating offers. SPRS is a DoD enterprise system that collects contractor…
Iowa to Introduce the Sixth Comprehensive State Privacy Law in United States
On March 15, the Iowa House passed Senate File 262 (SF 262), a comprehensive state privacy law bill. If enacted, SF 262 would be the sixth state level privacy legislation, following California, Virginia, Colorado, Utah, and Connecticut, and it would go into…
China’s New Standard Contractual Clauses and Impact on Data Intensive Businesses
Eight months after the issuance of the draft Measures on the Standard Contract for the Export of Personal Information (“SCC Regulations”), on February 24, 2023, the Cyberspace Administration of China (“CAC”) released the final version of the SCCs Regulations, along…