U.S. District Court Holds That BIPA's Liquidated Damages Are Discretionary
The U.S. District Court for the Northern District of Illinois, Eastern Division, issued an order on June 30, 2023, that may substantially alter the risk exposure for entities sued for violations of the...
View ArticleFEC Considers Possible Restrictions on AI and Deepfakes in Campaign Ads
On August 16, 2023, the Federal Election Commission (FEC) published a Notice of Availability of Petition for Rulemaking (Notice) seeking comment on whether it should initiate a formal rulemaking to...
View ArticleFederal Court Dismisses Newsletter Subscriber’s VPPA Claim: Not a "Consumer"
Although a digital subscriber to an online newsletter may have standing to sue under the Video Privacy Protection Act ("VPPA"), 18 U.S.C. § 2710(b)(1), if the newsletter subscription contains no...
View ArticleHere We Go Again — FCC Proposes to Revive Net Neutrality Rules
On Monday this week, Anna Gomez was formally sworn in as the FCC's fifth commissioner, bringing the Commission back to its full complement and giving Chairwoman Rosenworcel a third Democratic vote. The...
View ArticleWhite House Ushers in New Era of Regulation With Landmark Executive Order on...
The AI executive order moves the U.S. closer to a broader unified approach on federal AI regulation, expanding on the AI Bill of Rights and NIST AI Risk Management Framework and focusing on the...
View ArticleFCC Revises CPNI and LNP Rules to Combat SIM Swap and Port-Out Fraud
On November 16, 2023, the Federal Communications Commission ("FCC" or "Commission") released a Report and Order and Further Notice of Proposed Rulemaking ("Order and FNPRM") revising the FCC's Customer...
View ArticleFCC's Expansive New Rules Prohibiting "Digital Discrimination" in Broadband...
On November 20, 2023, as required by Section 60506 of the Infrastructure Investment and Jobs Act of 2021 (Infrastructure Act), 47 U.S.C. § 1754, the Federal Communications Commission issued a Report...
View ArticleNew Jersey Governor Signs Comprehensive Privacy Law
On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill 322 ("the Act"), making New Jersey the fourteenth state to enact a comprehensive consumer data privacy law, joining...
View ArticleNIST Seeks Public Comment on Developing Standards and Guidelines for...
Key Areas for Comment in the Request for Information - Developing guidelines, standards, and best practices for AI safety and security. Developing a companion resource to the Risk Management Framework...
View ArticleEU Unanimously Approves Comprehensive Artificial Intelligence Act
On February 2, 2024, representatives from the European Union (EU) member states formally approved the final text of the EU Artificial Intelligence Act (the Act), which will be subject to final...
View ArticleWho's Liable for Deepfakes? FTC Proposes To Target Developers of Generative...
Late last week, the FTC released a notice seeking comment on a proposed rule that could create potential liability for generative AI developers. Specifically, the agency is requesting comments on a new...
View ArticleLand of 10,000 Data Lakes: Minnesota Consumer Data Privacy Act Signed Into Law
On May 25, 2024, Minnesota Governor Tim Walz signed the Minnesota Consumer Data Privacy Act (the "Act"), which takes effect on July 31, 2025, for most controllers and on July 31, 2029, for certain...
View ArticleFCC’s Net Neutrality Redux: Safeguarding and Securing the Open Internet
On May 7, 2024, the Federal Communications Commission (FCC) issued its latest network neutrality order, Safeguarding and Securing the Open Internet (the "Order"), which was published in the Federal...
View ArticleEmpire State of Minding the Minors: New York Laws Aim To Ensure Children’s...
On June 7, 2024, the New York Legislature passed two bills to protect children online. The Stop Addictive Feeds Exploitation (SAFE) for Kids Act, S7694A, prohibits social media platforms from providing...
View ArticleIllinois Revises Biometrics Law To Reduce the Prospect of "Ruinous" Damage...
In a major change to a law that produced extraordinarily high damages claims and settlements, the Illinois General Assembly amended the Biometric Information Privacy Act (BIPA) to substantially reduce...
View ArticleCalifornia Governor Signs AI Governance Measures into Law—But Vetoes...
Governor Newsom has vetoed SB 1047 but signed into law three other laws regulating the development and deployment of certain artificial intelligence (AI) tools. As explained in detail in our prior...
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