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Max Larson

Max Larson is an associate in the firm’s Washington, DC office and a member of the Litigation and Investigations Practice Group. She also maintains an active pro bono practice.

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This update highlights key mid-year legislative and regulatory developments and builds on our first quarter update related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), Internet of Things (“IoT”), and cryptocurrencies and blockchain developments.

I. Federal AI Legislative Developments

In the first session of the 119th Congress, lawmakers rejected a proposed moratorium on state and local enforcement of AI laws and advanced several AI legislative proposals focused on deepfake-related harms.  Specifically, on July 1, after weeks of negotiations, the Senate voted 99-1 to strike a proposed 10-year moratorium on state and local enforcement of AI laws from the budget reconciliation package, the One Big Beautiful Bill Act (H.R. 1), which President Trump signed into law.  The vote to strike the moratorium follows the collapse of an agreement on revised language that would have shortened the moratorium to 5 years and allowed states to enforce “generally applicable laws,” including child online safety, digital replica, and CSAM laws, that do not have an “undue or disproportionate effect” on AI.  Congress could technically still consider the moratorium during this session, but the chances of that happening are low based on both the political atmosphere and the lack of a must-pass legislative vehicle in which it could be included.  See our blog post on this topic for more information.

Additionally, lawmakers continue to focus legislation on deepfakes and intimate imagery.  For example, on May 19, President Trump signed the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (“TAKE IT DOWN”) Act (H.R. 633 / S. 146) into law, which requires online platforms to establish a notice and takedown process for nonconsensual intimate visual depictions, including certain depictions created using AI.  See our blog post on this topic for more information.  Meanwhile, members of Congress continued to pursue additional legislation to address deepfake-related harms, such as the STOP CSAM Act of 2025 (S. 1829 / H.R. 3921) and the Disrupt Explicit Forged Images And Non-Consensual Edits (“DEFIANCE”) Act (H.R. 3562 / S. 1837).Continue Reading U.S. Tech Legislative & Regulatory Update – 2025 Mid-Year Update

On July 29, 2025, the National Institute of Standards & Technology (“NIST”) unveiled an outline for preliminary, stakeholder-driven standards, known as a “zero draft”, for AI testing, evaluation, verification and validation (“TEVV”).  This outline is part of NIST’s AI Standards Zero Drafts pilot project, which was announced on March 25, 2025, as we previously reported. The goal is to create a flexible, high-level framework for companies to design their own AI testing and validation procedures. Of note, NIST is not prescribing exact methods for testing and validation. Instead, it offers a structure around key terms, lifecycle stages, and guiding principles that align with future international standards. NIST has asked for stakeholder input on the topics, scope, and priorities of the Zero Drafts process, and feedback is open until September 12, 2025.

The NIST outline breaks AI TEVV into several foundational elements, a non-exhaustive list of which includes:Continue Reading NIST Welcomes Comments for AI Standards Zero Drafts Project

Updated June 27, 2025.  Originally posted May 28, 2025.

At an Open Meeting in May, the Federal Communications Commission (FCC)  unanimously adopted a Further Notice of Proposed Rulemaking (FNPRM) that proposes to permit more intensive and efficient use of the 12.7 GHz and 42 GHz bands by satellite communications, either as an alternative or complement to terrestrial wireless.  Chairman Carr emphasized that, if adopted, the Proposed Rule would make 20,000 megahertz of spectrum available for satellite-based services, which Chairman Carr characterized as a necessary step for U.S. leadership in spectrum and a clear sign to China.  Carr stated that the additional spectrum, in conjunction with other actions the FCC is taking across multiple spectrum bands, would protect American technological leadership.  Comments may be filed on or before July 28, 2025, and reply comments may be filed on or before August 26, 2025, as set forth in today’s Federal Register.

The FNPRM builds upon the FCC’s recent requests for comments on providing increased access to spectrum for terrestrial wireless services.  This FNPRM expands upon that record to contemplate authorizing satellite communications in the 12.7 GHz and 42 GHz bands and seeks comment on the feasibility of allowing satellite communications in those bands in both the Earth-to-space and space-to-Earth directions.

The 12.7 GHz band

The 12.7 GHz band is currently allocated for satellite and terrestrial wireless uses, with limited Federal operations in the band.  The 12.75-13.25 GHz portion of the band is also allocated for NASA to operate its Deep Space Network.  The FCC’s U.S. Table of Frequency Allocations, which outlines how radio spectrum is allocated for use by various entities including Federal government and private sector entities, precludes fixed-satellite service (FSS) systems in geostationary orbit from using the 12.75-13.25 GHz band for domestic services.  The FNPRM asks whether it is still necessary to prohibit FSS deployment in the 12.7 GHz band, or if there are other ways to protect incumbent operations without prohibiting domestic satellite operations. 

This FNPRM follows the FCC’s recent efforts to more effectively utilize the 12.7 GHz band.  In October 2022, the FCC released the 12.7 GHz Notice of Inquiry to solicit input on how the FCC could encourage more efficient use of the 12.7 GHz band and whether it should authorize mobile broadband in the band.  In May 2023, the FCC moved forward with expanding the use of the 12.7 GHz band and issued a Notice of Proposed Rulemaking proposing to repurpose some of the 12.7 GHz band for mobile terrestrial broadband, or other uses.Continue Reading FCC Seeks Comment on Opening Up Spectrum for Satellite Broadband

At an Open Meeting last week, the Federal Communications Commission (FCC)  unanimously adopted a Further Notice of Proposed Rulemaking (FNPRM) that proposes to permit more intensive and efficient use of the 12.7 GHz and 42 GHz bands by satellite communications, either as an alternative or complement to terrestrial wireless.  Chairman Carr emphasized that, if adopted, the Proposed Rule would make 20,000 megahertz of spectrum available for satellite-based services, which Chairman Carr characterized as a necessary step for U.S. leadership in spectrum and a clear sign to China.  Carr stated that the additional spectrum, in conjunction with other actions the FCC is taking across multiple spectrum bands, would protect American technological leadership.

The FNPRM builds upon the FCC’s recent requests for comments on providing increased access to spectrum for terrestrial wireless services.  This FNPRM expands upon that record to contemplate authorizing satellite communications in the 12.7 GHz and 42 GHz bands and seeks comment on the feasibility of allowing satellite communications in those bands in both the Earth-to-space and space-to-Earth directions.

The 12.7 GHz band

The 12.7 GHz band is currently allocated for satellite and terrestrial wireless uses, with limited Federal operations in the band.  The 12.75-13.25 GHz portion of the band is also allocated for NASA to operate its Deep Space Network.  The FCC’s U.S. Table of Frequency Allocations, which outlines how radio spectrum is allocated for use by various entities including Federal government and private sector entities, precludes fixed-satellite service (FSS) systems in geostationary orbit from using the 12.75-13.25 GHz band for domestic services.  The FNPRM asks whether it is still necessary to prohibit FSS deployment in the 12.7 GHz band, or if there are other ways to protect incumbent operations without prohibiting domestic satellite operations. 

This FNPRM follows the FCC’s recent efforts to more effectively utilize the 12.7 GHz band.  In October 2022, the FCC released the 12.7 GHz Notice of Inquiry to solicit input on how the FCC could encourage more efficient use of the 12.7 GHz band and whether it should authorize mobile broadband in the band.  In May 2023, the FCC moved forward with expanding the use of the 12.7 GHz band and issued a Notice of Proposed Rulemaking proposing to repurpose some of the 12.7 GHz band for mobile terrestrial broadband, or other uses.

The FNPRM adopted last week seeks comment on ways to minimize or eliminate existing regulatory burdens that prevent use of the 12.7 GHz band by geostationary orbit (GSO) and non-geostationary orbit (NGSO) satellite systems.  GSO operations in the 12.7 GHz band are currently only authorized for communications between domestic and international points.Continue Reading FCC Seeks Comment on Opening Up Spectrum for Satellite Broadband

This quarterly update highlights key legislative, regulatory, and litigation developments in the first quarter of 2025 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and cryptocurrencies and blockchain. 

I. Artificial Intelligence

I.  Federal Legislative Developments

In the first quarter, members of Congress introduced several AI bills addressing…

Continue Reading U.S. Tech Legislative & Regulatory Update – First Quarter 2025

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

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 Allegations

On December 27, 2024,  the National Telecommunications and Information Administration (NTIA) issued a Request for Comment (“RFC”)that seeks public input on the potential impacts on the Global Positioning Satellite (GPS) L1 signal by the growth of satellite-based direct-to-device (D2D) operations that use frequencies between 1610-1660.5 MHz (the “L-band”).   As the lead spectrum advisor to the Executive Branch on spectrum issues, NTIA serves as the advocate for other agencies including the Department of Transportation (DOT) before the FCC.  NTIA issued its Request for Comment (RFC) in response to analysis prepared by DOT and states that its interest in D2D usage stems from the increasing deployment of services in which mobile devices like smartphones and Internet of Things (IoT) devices connect directly to satellite systems in the L-band, a portion of which is located near spectrum allocated to GPS.  NTIA invited comments to be filed by February 10, 2025. 

In its RFC, NTIA asked parties to discuss the DOT technical analysis as well as options for mitigating any potential impacts on GPS systems while “facilitating the potential benefits” of a growing D2D ecosystem.  The FCC has exclusive authority over requirements on L-band operators and their devices, but NTIA could use information gleaned from the comment process to make recommendations to the FCC on whether new spectrum rules are needed.  As such, satellite industry stakeholders, device manufacturers, and wireless network providers may want to share their views and educate NTIA about how this band is (and will be) used as well as its potential for coexistence with GPS devices. 

The DOT technical analysis included in the RFC builds on a study conducted by DOT in 2018 to analyze Ligado Network’s proposed terrestrial system.  In 2020, after receiving comments on the 2018 study, the FCC unanimously concluded that sufficient conditions – such as limited power levels and guard bands – were in place to protect against interference between GPS signals in the 1559-1610 MHz band and a terrestrial wireless network.  The technical analysis recently prepared by DOT and included in the NTIA RFC borrows heavily from the 2018 study and largely extrapolates from that study to conclude that D2D operations using the 1610-1660.5 MHz band may cause changes to the carrier-to-noise ratio (e.g., a 1 dB C/No) that could impair GPS receivers operating in the adjacent 1559-1610 MHz band.  (It bears mention that DOT for many years has urged the FCC to protect GPS devices from a 1 dB change in the carrier-to-noise ratio, but the FCC has not agreed with that recommendation and instead has applied its rules on harmful interference.  See generally In the Matter of Lightsquared Technical Working Group Report et al., 35 FCC Rcd. 3772 ¶¶ 37-59 (2020).The RFC seeks comment on this DOT analysis and encourages stakeholders to file any alternative technical analyses relevant to D2D operations in the L-band and the potential effects on the GPS L1 signal.Continue Reading NTIA Seeks Comment on Potential Effects of Satellite Direct-to-Device Operations in the L-band on GPS L1 Signal