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 Meeting
Andrew Longhi
Andrew Longhi advises national and multinational companies across industries on a wide range of regulatory, compliance, and enforcement matters involving data privacy, telecommunications, and emerging technologies.
Andrew's practice focuses on advising clients on how to navigate the rapidly evolving legal landscape of state, federal, and international data protection laws. He proactively counsels clients on the substantive requirements introduced by new laws and shifting enforcement priorities. In particular, Andrew routinely supports clients in their efforts to launch new products and services that implicate the laws governing the use of data, connected devices, biometrics, and telephone and email marketing.
Andrew assesses privacy and cybersecurity risk as a part of diligence in complex corporate transactions where personal data is a key asset or data processing issues are otherwise material. He also provides guidance on generative AI issues, including privacy, Section 230, age-gating, product liability, and litigation risk, and has drafted standards and guidelines for large-language machine-learning models to follow. Andrew focuses on providing risk-based guidance that can keep pace with evolving legal frameworks.
Trump 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 ProductsU.S. Tech Legislative, Regulatory & Litigation Update – Second Quarter 2024
This quarterly update highlights key legislative, regulatory, and litigation developments in the second quarter of 2024 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and data privacy and cybersecurity.
I. Artificial Intelligence
Federal Legislative Developments
- Impact Assessments: The American Privacy Rights Act of 2024 (H.R. 8818, hereinafter “APRA”) was formally introduced in the House by Representative Cathy McMorris Rodgers (R-WA) on June 25, 2024. Notably, while previous drafts of the APRA, including the May 21 revised draft, would have required algorithm impact assessments, the introduced version no longer has the “Civil Rights and Algorithms” section that contained these requirements.
- Disclosures: In April, Representative Adam Schiff (D-CA) introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913). The Act would require persons that create a training dataset that is used to build a generative AI system to provide notice to the Register of Copyrights containing a “sufficiently detailed summary” of any copyrighted works used in the training dataset and the URL for such training dataset, if the dataset is publicly available. The Act would require the Register to issue regulations to implement the notice requirements and to maintain a publicly available online database that contains each notice filed.
- Public Awareness and Toolkits: Certain legislative proposals focused on increasing public awareness of AI and its benefits and risks. For example, Senator Todd Young (R-IN) introduced the Artificial Intelligence Public Awareness and Education Campaign Act (S. 4596), which would require the Secretary of Commerce, in coordination with other agencies, to carry out a public awareness campaign that provides information regarding the benefits and risks of AI in the daily lives of individuals. Senator Edward Markey (D-MA) introduced the Social Media and AI Resiliency Toolkits in Schools Act (S. 4614), which would require the Department of Education and the federal Department of Health and Human Services to develop toolkits to inform students, educators, parents, and others on how AI and social media may impact student mental health.
- Senate AI Working Group Releases AI Roadmap: On May 15, the Bipartisan Senate AI Working Group published a roadmap for AI policy in the United States (the “AI Roadmap”). The AI Roadmap encourages committees to conduct further research on specific issues relating to AI, such as “AI and the Workforce” and “High Impact Uses for AI.” It states that existing laws (concerning, e.g., consumer protection, civil rights) “need to consistently and effectively apply to AI systems and their developers, deployers, and users” and raises concerns about AI “black boxes.” The AI Roadmap also addresses the need for best practices and the importance of having a human in the loop for certain high impact automated tasks.
Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – Second Quarter 2024
Fifth Circuit Holds Federal Universal Service Fund Program Unconstitutional, Creates Circuit Split
On July 24, 2024, the U.S. Court of Appeals for the Fifth Circuit struck down the Federal Universal Service Fund (USF) in Consumers’ Research et al. v. FCC. In a 9-7 en banc decision, the majority reversed an earlier decision by a three-judge panel and held that the program…
Continue Reading Fifth Circuit Holds Federal Universal Service Fund Program Unconstitutional, Creates Circuit SplitIndustry Groups and FCC File Briefs in Net Neutrality Case Following Loper Bright
Updated July 15, 2024. Originally posted July 11, 2024.
On July 8, 2024, the Federal Communications Commission (FCC) and a group of Internet Service Providers, represented by national and regional trade associations, filed supplemental briefs with the U.S. Court of Appeals for the Sixth Circuit in In re MCP NO.
Continue Reading Industry Groups and FCC File Briefs in Net Neutrality Case Following Loper Bright