Last week, Senators Amy Klobuchar (D-MN) and Lisa Murkowski (R-AK) introduced the Protecting Personal Health Data Act (S. 1842), which would provide new privacy and security rules from the Department of Health and Human Services (“HHS”) for technologies that collect personal health data, such as wearable fitness trackers, social-media sites focused on health data or conditions, and direct-to-consumer genetic testing services, among other technologies. Specifically, the legislation would direct the HHS Secretary to…

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IoT Update: Expert Q&A on the EU Cybersecurity Act

By Mark Young on June 19, 2019

An Expert Q&A with Mark Young of Covington & Burling LLP on the EU Cybersecurity Act and its new cybersecurity certification schemes for information and communication technology (ICT) products, services, and processes, especially internet of things (IoT) devices. It also discusses how the Act supports the EU Directive on the Security of Network and Information Systems (Directive 2016/1148/EC) (NIS Directive), the expanded role for the EU Agency for Cybersecurity (ENISA), and what companies need to…

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Artificial Intelligence and the Patent Landscape – Views from the USPTO AI: Intellectual Property Policy Considerations Conference

By Gregory Discher & Jason Reinecke on June 14, 2019

The U.S. Patent and Trademark Office (USPTO) held its Artificial Intelligence: Intellectual Property Policy Considerations conference on January 31, 2019. The conference featured six panels of speakers, including policy makers, academics, and practitioners from Canada, China, Europe, Japan, and the United States. As stated by USPTO Director Iancu during his introductory remarks, the purpose of the conference is to begin discussions about the implications that artificial intelligence (“AI”) may have on intellectual property law and…

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AI Update: ICO’s Interim Report on Explaining AI

By Mark Young, Marty Hansen, Sam Jungyun Choi & Gemma Nash on June 7, 2019

On June 3, 2019, the UK Information Commissioner’s Office (“ICO”), released an Interim Report on a collaboration project with The Alan Turing Institute (“Institute”) called “Project ExplAIn.” The purpose of this project, according to the ICO, is to develop “practical guidance” for organizations on complying with UK data protection law when using artificial intelligence (“AI”) decision-making systems; in particular, to explain the impact AI decisions may have on individuals. This Interim Report may be of…

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Thirty-six Member Countries of OECD Adopt AI Policy Guidelines

By Michelle Choe on May 22, 2019

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On May 22, 2019, the thirty-six member countries, including the United States, of the Organization for Economic Cooperation and Development (the “OECD”) adopted a set of guidelines (“OECD Guidelines”) for the development and use of artificial intelligence (“AI”). Six countries not in the OECD, namely Argentina, Brazil, Colombia, Costa Rica, Peru and Romania, also were signatories to the OECD Guidelines. The OECD Guidelines were drafted by over 50 AI experts from different disciplines and sectors…

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IoT Update: The UK Announces Plans for New Connected Device Laws

By Mark Young, Jonathan Benjamin & Micha Nandaraj Gallo on May 21, 2019

On May 1, 2019, the UK’s Department for Digital, Culture, Media and Sport (“DCMS”) launched a public consultation (“Consultation”) regarding plans to pursue new laws aimed at securing internet connected devices. The Consultation follows the UK’s publication of its final Code of Practice for Consumer IoT Security (“Code of Practice”) last October (the subject of another Covington blog available here) and is targeted at device manufacturers, IoT service providers, mobile application developers, retailers and…

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AI and IoT Legislative Developments: First Quarter 2019

By Inside Tech Media on May 1, 2019

Federal and state policymakers introduced a range of new measures on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the first quarter of 2019. In our initial AI & IoT Quarterly Legislative Update, we detail the notable legislative events from this quarter on AI, IoT, cybersecurity as it relates to AI and IoT, and connected and autonomous vehicles (“CAVs”). Unlike prior years, in which federal lawmakers largely called for studies of these new…

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ICO issues draft code of practice on designing online services for children

By Mark Young, Sam Jungyun Choi & Jonathan Benjamin on April 29, 2019

Earlier this month, the UK’s Information Commissioner’s Office published a draft code of practice (“Code”) on designing online services for children. The Code is now open for public consultation until May 31, 2019. The Code sets out 16 standards of “age appropriate design” with which online service providers should comply when designing online services (such as apps, connected toys, social media platforms, online games, educational websites and streaming services) that children under the age of…

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Flurry of Federal 5G Activity Shows Growth Opportunities for the IoT Ecosystem

By Thomas Parisi & Rebecca Yergin on April 23, 2019

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From the Federal Communications Commission (“FCC”) to Congress to the White House, the federal government has continued to push the importance of investment and innovation in fifth-generation (“5G”) wireless technology. This push bodes well for the many industries that rely on the Internet of Things (“IoT”), such as transportation, healthcare, and manufacturing—to name a few. As we have previously discussed, 5G deployment is critical for IoT because the IoT ecosystem will rely heavily on…

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IoT Update: EU Commission Issues Recommendation on Cybersecurity in the Energy Sector

By Mark Young on April 18, 2019

The European Commission (“Commission”) has published a Recommendation on cybersecurity in the energy sector (“Recommendation”). The Recommendation builds on recent EU legislation in this area, including the NIS Directive and EU Cybersecurity Act (see our posts here and here). It sets out guidance to achieve a higher level of cybersecurity taking into account specific characteristics of the energy sector, including the use of legacy technology and interdependent systems across borders.…

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Updates on Developments in Media, Internet & Technology

Blog Authors

IoT Update: Senators Introduce Legislation to Regulate Privacy and Security of Wearable Health Devices and Genetic Testing Kits

IoT Update: Expert Q&A on the EU Cybersecurity Act

Artificial Intelligence and the Patent Landscape – Views from the USPTO AI: Intellectual Property Policy Considerations Conference

AI Update: ICO’s Interim Report on Explaining AI

Thirty-six Member Countries of OECD Adopt AI Policy Guidelines

IoT Update: The UK Announces Plans for New Connected Device Laws

AI and IoT Legislative Developments: First Quarter 2019

ICO issues draft code of practice on designing online services for children

Flurry of Federal 5G Activity Shows Growth Opportunities for the IoT Ecosystem

IoT Update: EU Commission Issues Recommendation on Cybersecurity in the Energy Sector

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