On March 12, 2025, the Federal Communications Commission (FCC) issued a Public Notice to announce it is seeking comment on whether any FCC rules, regulations or guidance documents should be removed due to the stated purpose of “alleviating unnecessary regulatory burdens.” The FCC opened the new “In Re: Delete, Delete
Continue Reading FCC Announces “In Re: Delete, Delete, Delete” Docket in Support of Deregulatory Agenda
FCC Reportedly Considering Advisory Opinion on Section 230
Recent reports suggest that the Federal Communications Commission (FCC) may be considering issuing an advisory opinion on Section 230 of the Communications Act. Section 230, among other things, provides immunity to a provider of an “interactive computer service” from civil liability for third-party content posted on the provider’s site. An
Continue Reading FCC Reportedly Considering Advisory Opinion on Section 230Trump Administration Asserts Presidential Authority Over Independent Agencies
Yesterday, the Trump Administration issued an Executive Order titled “Ensuring Accountability for All Agencies” (the EO). The EO asserts Presidential authority over independent agencies, including the Federal Trade Commission (FTC), Federal Communications Commission (FCC), and Securities and Exchange Commission (SEC). While the precise impacts remain to be seen, overall the EO will likely result in greater involvement by the White House in policymaking at independent agencies, both in substance and process.
OIRA Review of Agency Regulations. The EO amends the Clinton Administration-era Executive Order 12866, which established a review process for regulations promulgated by executive branch departments and agencies but excluded independent agencies from that process. The process includes requirements that departments and agencies submit “significant regulatory actions” to the Office of Information and Regulatory Affairs (OIRA) for review before publication in the Federal Register. Executive Order 12866 defines “significant regulatory action” to mean “any regulatory action that is likely to result in a rule that may:”
- Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;
- Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;
- Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
- Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in this Executive order.
Yesterday’s EO revises the definition of “agencies” to remove an exemption for “independent regulatory agencies.” The amended definition includes an exemption for the Federal Reserve “in its conduct of monetary policy.”
Performance Standards and Management Objectives. The EO directs the Director of the Office of Management and Budget (OMB) to “establish performance standards and management objectives for independent agency heads” and “report periodically to the President on their performance and efficiency in attaining such standards and objectives.”Continue Reading Trump Administration Asserts Presidential Authority Over Independent Agencies
FCC to Tackle Robust Agenda at February Open Meeting
Yesterday, the Federal Communications Commission (FCC) released the agenda for its February Open Meeting, which is scheduled for February 27, 2025. This is the first agenda released by the FCC under new Chairman Brendan Carr. The agenda items on which the commissioners will vote at the meeting will include
Continue Reading FCC to Tackle Robust Agenda at February Open MeetingTrump Administration Releases “Regulatory Freeze Pending Review” Executive Order
On January 20, 2025, the Trump Administration released a memorandum, “Regulatory Freeze Pending Review,” to halt agency rulemaking processes (the “EO”).
The EO orders all executive departments and agencies to “not propose or issue any rule in any manner, including by sending a rule to the Office of the Federal
Continue Reading Trump Administration Releases “Regulatory Freeze Pending Review” Executive OrderAI Accessibility Software Provider Settles FTC Allegations
On January 3, 2025, the Federal Trade Center (“FTC”) announced that it reached a settlement with accessiBe, a provider of AI-powered web accessibility software, to resolve allegations that the company violated Section 5 of the FTC Act concerning the marketing and stated efficacy of its software.
The complaint alleges that
Continue Reading AI Accessibility Software Provider Settles FTC AllegationsIntelliVision Settles FTC Allegations Regarding its Facial Recognition Technology
On December 3, 2024, the Federal Trade Commission (“FTC”) announced that it reached a settlement with IntelliVision Technologies Corp. (“IntelliVision”) to resolve allegations that the company violated Section 5 of the FTC Act by making certain claims concerning its AI-powered facial recognition software.
The FTC’s complaint alleged, among other things
Continue Reading IntelliVision Settles FTC Allegations Regarding its Facial Recognition TechnologyU.S. Tech Legislative, Regulatory & Litigation Update – Third Quarter 2024
This quarterly update highlights key legislative, regulatory, and litigation developments in the third quarter of 2024 related to artificial intelligence (“AI”) and connected and automated vehicles (“CAVs”). As noted below, some of these developments provide industry with the opportunity for participation and comment.
I. Artificial Intelligence
Federal Legislative Developments
There continued to be strong bipartisan interest in passing federal legislation related to AI. While it has been challenging to pass legislation through this Congress, there remains the possibility that one or more of the more targeted bills that have bipartisan support and Committee approval could advance during the lame duck period.
- Senate Commerce, Science, and Transportation Committee: Lawmakers in the Senate Commerce, Science, and Transportation Committee moved forward with nearly a dozen AI-related bills, including legislation focused on developing voluntary technical guidelines for AI systems and establishing AI testing and risk assessment frameworks.
- In July, the Committee voted to advance the Validation and Evaluation for Trustworthy (VET) Artificial Intelligence Act (S.4769), which was introduced by Senators John Hickenlooper (D-CO) and Shelley Moore Capito (R-WV). The Act would require the National Institute of Standards and Technology (“NIST”) to develop voluntary guidelines and specifications for internal and external assurances of AI systems, in collaboration with public and private sector organizations.
- In August, the Promoting United States Leadership in Standards Act of 2024 (S.3849) was placed on the Senate legislative calendar after advancing out of the Committee in July. Introduced in February 2024 by Senators Mark Warner (D-VA) and Marsha Blackburn (R-TN), the Act would require NIST to support U.S. involvement in the development of AI technical standards through briefings, pilot programs, and other activities.
- In July, the Future of Artificial Intelligence Innovation Act of 2024 (S.4178)— introduced in April by Senators Maria Cantwell (D-CA), Todd Young (R-IN), John Hickenlooper (D-CO), and Marsha Blackburn (R-TN)—was ordered to be reported out of the Committee and gained three additional co-sponsors: Senators Roger F. Wicker (R-MS), Ben Ray Lujan (D-NM), and Kyrsten Sinema (I-AZ). The Act would codify the AI Safety Institute, which would be required to develop voluntary guidelines and standards for promoting AI innovation through public-private partnerships and international alliances.
- In July, the Artificial Intelligence Research, Innovation, and Accountability Act of 2023 (S.3312), passed out of the Committee, as amended. Introduced in November 2023 by Senators John Thune (R-SD), Amy Klobuchar (D-MN), Roger Wicker (R-MS), John Hickenlooper (D-CO), Ben Ray Lujan (D-NM), and Shelley Moore Capito (R-WV), the Act would establish a comprehensive regulatory framework for “high-impact” AI systems, including testing and evaluation standards, risk assessment requirements, and transparency report requirements. The Act would also require NIST to develop sector-specific recommendations for agency oversight of high-impact AI, and to research and develop means for distinguishing between content created by humans and AI systems.
- Senate Homeland Security and Governmental Affairs Committee: In July, the Senate Homeland Security Committee voted to advance the PREPARED for AI Act (S.4495). Introduced in June by Senators Gary Peters (D-MI) and Thomas Tillis (R-NC), the Act would establish a risk-based framework for the procurement and use of AI by federal agencies and create a Chief AI Officers Council and agency AI Governance Board to ensure that federal agencies benefit from advancements in AI.
- National Defense Authorization Act for Fiscal Year 2025: In August, Senators Gary Peters (D-MI) and Mike Braun (R-IN) proposed an amendment (S.Amdt.3232) to the National Defense Authorization Act for Fiscal Year 2025 (S.4638) (“NDAA”). The amendment would add the Transparent Automated Governance Act and the AI Leadership Training Act to the NDAA. The Transparent Automated Governance Act would require the Office of Management and Budget (“OMB”) to issue guidance to agencies to implement transparency practices relating to the use of AI and other automated systems. The AI Leadership Training Act would require OMB to establish a training program for federal procurement officials on the operational benefits and privacy risks of AI. The Act would also require the Office of Personnel Management (“OPM”) to establish a training program on AI for federal management officials and supervisors.
Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – Third Quarter 2024
FCC to Examine Customer Service Issues in the Communications Industry
On October 23, the Federal Communications Commission (“FCC”) released a Notice of Inquiry (“NOI”) seeking comment on potential initiatives to address customer service concerns among regulated communications service providers.
The FCC stated that the goal of the NOI is “to ensure that consumers have appropriate access to the customer services
Continue Reading FCC to Examine Customer Service Issues in the Communications IndustryHealthcare Technology Company Settles Texas Attorney General Allegations Regarding Accuracy of Generative AI Products
On September 18, 2024, the Texas Office of the Attorney General (“OAG”) announced that it reached “a first-of-its-kind settlement with a Dallas-based artificial intelligence healthcare technology called Pieces Technologies” (“Pieces”) to resolve “allegations that the company deployed its products at several Texas hospitals after making a series of false and
Continue Reading Healthcare Technology Company Settles Texas Attorney General Allegations Regarding Accuracy of Generative AI Products