As 2021 comes to a close, we will be sharing the key legislative and regulatory updates for artificial intelligence (“AI”), the Internet of Things (“IoT”), connected and automated vehicles (“CAVs”), and privacy this month.  Lawmakers introduced a range of proposals to regulate AI, IoT, CAVs, and privacy as well as appropriate funds to study developments in these emerging spaces.  In addition, from developing a consumer labeling program for IoT devices to requiring the manufacturers and operators of CAVs to report crashes, federal agencies have promulgated new rules and issued guidance to promote consumer awareness and safety.  We are providing this year-end round up in four parts.  In this post, we detail CAV updates in Congress and federal agencies.

Part III:  Connected and Autonomous Vehicles

This year, Congress focused on the safe deployment of CAVs, including the safety of vulnerable road users.  For example, the Infrastructure Investment and Jobs Act (H.R. 3684), a key pillar of President Biden’s legislative agenda which became law last month, not only focuses on rebuilding U.S. roads, bridges, and rails, but also implicates automated vehicle technology by requiring the U.S. Department of Transportation to research the impacts of self-driving vehicles on urban and rural roads as well as on connected vehicle technology, with a focus on incorporating bicyclists and other vulnerable road users into the safe development of CAVs.  The Secretary of Transportation will convene and consult with a panel of national experts in rural and urban transportation, including (i) self-driving vehicle producers, manufacturers, and technology developers, (ii) States and State departments of transportation, (iii) metropolitan planning organizations, (iv) the motor carrier industry, (v) representatives of public transportation agencies or organizations, (vi) highway safety and academic groups, (vii) nonprofit entities with experience in transportation policy, and (viii) environmental stakeholders, among others.

In terms of legislative proposals, Senator Catherine Cortez Masto (D-NV) introduced the New, Emerging, and Exciting Technologies in Transportation (NEXT) Act (S. 3067), which would create an online public-facing resource center to help state and local communities develop intelligent transportation programs.  The bill would also establish the “Strengthening Mobility and Revolutionizing Transportation Grant Program,” which would provide grants for projects focused on advancing smart city or community technologies to improve transportation efficiency and safety.  In addition, Senator Brian Schatz (D-HI) introduced the Vulnerable Road Users Safety Act (S.2496), which would direct the Administrator of the National Highway Traffic Safety Administration (“NHTSA”) and the Administrator of the Federal Highway Administration (“FHA”) to implement certain recommendations of the National Transportation Safety Board relating to, among other topics, connected vehicle technology and performance standards for automated pedestrian detection systems such as automatic braking sensors.

Regulators have also been active with respect to CAVs this year.  NHTSA issued a Standing General Order and Amended Standing General Order requiring the manufacturers and operators of CAVs to report crashes to the regulatory agency.  As further detailed in our August blog post, this order applies to vehicles equipped with SAE Level 2 advanced driver assistance systems (“ADAS”), which includes common safety features such as adaptive cruise control and lane-keeping assistance, and SAE Levels 3-5 automated driving systems (“ADS”) (i.e., conditional to full driving automation).  Incidents that meet certain criteria (e.g., crash on a publicly accessible road, results in a hospital treated injury, fatality, or vehicle tow-away, etc.) require submission of an incident report by the manufacturer and operator.

Finally, the Department of Interior (“DOI”) and Department of Transportation (“DOT”) signed a Memorandum of Understanding to integrate new technologies into park environments to enhance the visitor experience.  The memo set out a few projects, including establishing pilots for innovative mobility technologies to identify and resolve challenges related to operating advanced transportation technologies within national parks.  The findings from these projects aim to allow the safe integration of new technologies into the transportation system.

We will continue to update you on meaningful developments in these updates and across our blogs.  To learn more about our CAV team and work, please visit Covington’s Connected and Autonomous Vehicles website.  For more information on developments related to AI, IoT, and data privacy, please visit our AI Toolkit and our Internet of Things and Data Privacy and Cybersecurity websites.

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Photo of Jennifer Johnson Jennifer Johnson

Jennifer Johnson is a partner specializing in communications, media and technology matters who serves as Co-Chair of Covington’s Technology Industry Group and its global and multi-disciplinary Artificial Intelligence (AI) and Internet of Things (IoT) Groups. She represents and advises technology companies, content distributors…

Jennifer Johnson is a partner specializing in communications, media and technology matters who serves as Co-Chair of Covington’s Technology Industry Group and its global and multi-disciplinary Artificial Intelligence (AI) and Internet of Things (IoT) Groups. She represents and advises technology companies, content distributors, television companies, trade associations, and other entities on a wide range of media and technology matters. Jennifer has three decades of experience advising clients in the communications, media and technology sectors, and has held leadership roles in these practices for more than twenty years. On technology issues, she collaborates with Covington’s global, multi-disciplinary team to assist companies navigating the complex statutory and regulatory constructs surrounding this evolving area, including product counseling and technology transactions related to connected and autonomous vehicles, internet connected devices, artificial intelligence, smart ecosystems, and other IoT products and services. Jennifer serves on the Board of Editors of The Journal of Robotics, Artificial Intelligence & Law.

Jennifer assists clients in developing and pursuing strategic business and policy objectives before the Federal Communications Commission (FCC) and Congress and through transactions and other business arrangements. She regularly advises clients on FCC regulatory matters and advocates frequently before the FCC. Jennifer has extensive experience negotiating content acquisition and distribution agreements for media and technology companies, including program distribution agreements, network affiliation and other program rights agreements, and agreements providing for the aggregation and distribution of content on over-the-top app-based platforms. She also assists investment clients in structuring, evaluating, and pursuing potential investments in media and technology companies.

Photo of Jayne Ponder Jayne Ponder

Jayne Ponder provides strategic advice to national and multinational companies across industries on existing and emerging data privacy, cybersecurity, and artificial intelligence laws and regulations.

Jayne’s practice focuses on helping clients launch and improve products and services that involve laws governing data privacy…

Jayne Ponder provides strategic advice to national and multinational companies across industries on existing and emerging data privacy, cybersecurity, and artificial intelligence laws and regulations.

Jayne’s practice focuses on helping clients launch and improve products and services that involve laws governing data privacy, artificial intelligence, sensitive data and biometrics, marketing and online advertising, connected devices, and social media. For example, Jayne regularly advises clients on the California Consumer Privacy Act, Colorado AI Act, and the developing patchwork of U.S. state data privacy and artificial intelligence laws. She advises clients on drafting consumer notices, designing consent flows and consumer choices, drafting and negotiating commercial terms, building consumer rights processes, and undertaking data protection impact assessments. In addition, she routinely partners with clients on the development of risk-based privacy and artificial intelligence governance programs that reflect the dynamic regulatory environment and incorporate practical mitigation measures.

Jayne routinely represents clients in enforcement actions brought by the Federal Trade Commission and state attorneys general, particularly in areas related to data privacy, artificial intelligence, advertising, and cybersecurity. Additionally, she helps clients to advance advocacy in rulemaking processes led by federal and state regulators on data privacy, cybersecurity, and artificial intelligence topics.

As part of her practice, Jayne also advises companies on cybersecurity incident preparedness and response, including by drafting, revising, and testing incident response plans, conducting cybersecurity gap assessments, engaging vendors, and analyzing obligations under breach notification laws following an incident.

Jayne maintains an active pro bono practice, including assisting small and nonprofit entities with data privacy topics and elder estate planning.

Photo of Andrew Longhi 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…

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.

Photo of Lindsay Brewer Lindsay Brewer

Lindsay advises clients on environmental, human rights, product safety, and public policy matters.

She counsels clients seeking to set sustainability goals; track their progress on environmental, social, and governance topics; and communicate their achievements to external stakeholders in a manner that mitigates legal…

Lindsay advises clients on environmental, human rights, product safety, and public policy matters.

She counsels clients seeking to set sustainability goals; track their progress on environmental, social, and governance topics; and communicate their achievements to external stakeholders in a manner that mitigates legal risk. She also advises clients seeking to engage with regulators and policymakers on environmental policy. Lindsay has extensive experience advising clients on making environmental disclosures and public marketing claims related to their products and services, including under the FTC’s Green Guides and state consumer protection laws.

Lindsay’s legal and regulatory advice spans a range of topics, including climate, air, water, human rights, environmental justice, and product safety and stewardship. She has experience with a wide range of environmental and safety regimes, including the Federal Trade Commission Act, the Clean Air Act, the Consumer Product Safety Act, the Federal Motor Vehicle Safety Standards, and the Occupational Safety and Health Act. Lindsay works with companies of various sizes and across multiple sectors, including technology, energy, financial services, and consumer products.

Photo of Nira Pandya Nira Pandya

Nira Pandya is a member of the firm’s Technology and IP Transactions Practice Group in Boston.

With a broad practice that spans a variety of industries, Nira routinely advises clients with their most complex commercial transactions and strategic collaborations involving technology, intellectual property…

Nira Pandya is a member of the firm’s Technology and IP Transactions Practice Group in Boston.

With a broad practice that spans a variety of industries, Nira routinely advises clients with their most complex commercial transactions and strategic collaborations involving technology, intellectual property, and data, with a focus on issues around IP ownership and licensing, artificial intelligence, software development, and information technology services.

As a member of the firm’s Digital Health Initiative, Nira counsels pharmaceutical, medical device, healthcare, and technology clients on commercial and intellectual property considerations that arise in partnerships and collaborations at the intersection of life sciences and technology.

Nira leverages in-house experience gained during her secondment to a leading technology company, where she partnered with business clients and translated legal advice into practical solutions. Prior to joining the firm’s Technology and IP Transactions practice group, Nira advised private and public companies on mergers and acquisitions, joint ventures, strategic investments, and other corporate transactions.