Andrew Longhi is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity and Communications and Media Practice Groups. Andrew advises clients on a broad range of privacy and cybersecurity issues, including compliance obligations, commercial transactions involving personal information and cybersecurity risk, and responses to regulatory inquiries. Andrew is Admitted to the Bar under DC App. R. 46-A (Emergency Examination Waiver); Practice Supervised by DC Bar members.

To add to the growing number of bills that would amend or revoke Section 230 of the Communications Decency Act, last month Senator Amy Klobuchar (D-MN) introduced the Health Misinformation Act of 2021 (S.2448).  Senator Ben Lujan (D-NM) cosponsored the bill.

The bill would amend Section 230 to revoke the Act’s liability shield

Introduction

In this update, we detail the key legislative developments in the second quarter of 2021 related to artificial intelligence (“AI”), the Internet of Things (“IoT”), connected and automated vehicles (“CAVs”), and federal privacy legislation.  As we recently covered on May 12,  President Biden signed an Executive Order to strengthen the federal government’s ability to respond to and prevent cybersecurity threats, including by removing obstacles to sharing threat information between private sector entities and federal agencies and modernizing federal systems.  On the hill, lawmakers have introduced a number of proposals to regulate AI, IoT, CAVs, and privacy.
Continue Reading U.S. AI, IoT, CAV, and Privacy Legislative Update – Second Quarter 2021

Last week, Virginia’s Joint Commission on Technology and Science held its second meeting of the Consumer Data Protection Work Group.

Instead of following a detailed rulemaking process for implementation like that provided for in the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA) is being reviewed over the next few months by a group of state officials, business representatives, and advocates. This group will publish recommendations by November 1, 2021, which the state legislature can consider if it amends the law before the VCDPA goes into effect on January 1, 2023. A stated goal of the group is to align the VCDPA with other privacy laws that states are enacting around the country.

At the meeting, the group heard public comments as well as a presentation by Deputy Attorney General Samuel Towell on behalf of the Office of the Attorney General of Virginia (OAG). The presentation covered issues that the OAG sees with the VCDPA’s implementation and proposed a number of recommendations for the group to consider:
Continue Reading Virginia Consumer Data Protection Work Group Holds Second Meeting, Hears Recommendations from the Office of the Virginia Attorney General

To add to the growing list of federal privacy frameworks introduced this year, Senator Amy Klobuchar (D-MN) has re-introduced the bipartisan Social Media Privacy Protection and Consumer Rights Act of 2021 (S. 1667).  Senator Klobuchar introduced the bill originally in 2018 and 2019, although it did not advance to committee in either instance.  Senators Kennedy (R-LA), Burr (R-NC), and Manchin (D-WV) have co-sponsored the bill.

Key provisions in this bill include:
Continue Reading New Privacy Bill Provides Opt-Out Rights and New Data Security Requirements

As the push for Congress to pass comprehensive consumer privacy legislation increases, Rep. Suzan DelBene (D-WA) has re-introduced the Information Transparency & Personal Data Control Act, a compromise proposal that contains provisions sought by both parties.  This bill would create national data privacy standards and increase the enforcement authority of the Federal Trade Commission (FTC) and state attorneys general.
Continue Reading Bill Introduced Would Preempt State Laws and Strengthen FTC Enforcement 

On February 4, 2021, the House Energy and Commerce’s Subcommittee on Consumer Protection and Commerce held a hearing entitled, “Safeguarding American Consumers: Fighting Scams and Fraud During the Pandemic.”  The hearing focused on the FTC’s ability to obtain equitable monetary relief under Section 13(b) of the FTC Act – an issue that is currently being considered by the Supreme Court in AMG Capital Management LLC v. Federal Trade Commission.

To gain a better understanding of the deceptive marketing campaigns seeking to exploit the ongoing public health crisis and the challenges the FTC faces in fighting fraud, the Subcommittee invited Bonnie Patten, Executive Director of TruthInAdvertising.org; Jessica Rich, former Bureau of Consumer Protection Director and Distinguished Fellow of the Institute for Technology Law & Policy at Georgetown Law School; William E. Kovacic, former FTC Chairman and Global Competition Professor of Law at George Washington University Law School; and Traci Ponto, Spokane COPS Crime Victim Advocate at Spokane Community Oriented Policy Services.
Continue Reading Hearing on Consumer Protection During the Pandemic Focuses on FTC’s Equitable Monetary Authority

On January 7, the Federal Trade Commission (“FTC”) reached a proposed settlement with Tapjoy, a California-based company that operates an advertising platform within mobile gaming applications.  According to its complaint, the FTC alleges that Tapjoy deceived consumers by failing to provide in-game rewards it promised for completing actions associated with third-party advertisements.
Continue Reading FTC Reaches Settlement with Tapjoy for Allegedly Deceiving Consumers About In-Game Rewards