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.
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U.S. AI and IoT Legislative Update – Year-End 2021
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 data privacy updates in Congress and federal agencies.
Continue Reading U.S. AI and IoT Legislative Update – Year-End 2021
U.S. AI and IoT Legislative Update – Year-End 2021
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 AI updates in Congress, state legislatures, and federal agencies.
Continue Reading U.S. AI and IoT Legislative Update – Year-End 2021
New Bill Would Revoke Section 230 Liability Protection for “Health Misinformation” Promoted During Public Health Emergencies
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
U.S. AI, IoT, CAV, and Privacy Legislative Update – Second Quarter 2021
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.
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Virginia Consumer Data Protection Work Group Holds Second Meeting, Hears Recommendations from the Office of the Virginia Attorney General
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:
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New Privacy Bill Provides Opt-Out Rights and New Data Security Requirements
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:
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Bill Introduced Would Preempt State Laws and Strengthen FTC Enforcement
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.
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Hearing on Consumer Protection During the Pandemic Focuses on FTC’s Equitable Monetary Authority
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.
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FTC Reaches Settlement with Tapjoy for Allegedly Deceiving Consumers About In-Game Rewards
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.
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