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Jayne Ponder

Jayne Ponder counsels national and multinational companies across industries on data privacy, cybersecurity, and emerging technologies, including Artificial Intelligence and Internet of Things.

In particular, Jayne advises clients on compliance with federal, state, and global privacy frameworks, and counsels clients on navigating the rapidly evolving legal landscape. Her practice includes partnering with clients on the design of new products and services, drafting and negotiating privacy terms with vendors and third parties, developing privacy notices and consent forms, and helping clients design governance programs for the development and deployment of Artificial Intelligence and Internet of Things technologies.

Jayne routinely represents clients in privacy and consumer protection enforcement actions brought by the Federal Trade Commission and state attorneys general, including related to data privacy and advertising topics. She also helps clients articulate their perspectives through the rulemaking processes led by state regulators and privacy agencies.

As part of her practice, Jayne 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.

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Attorneys General in Oregon and Connecticut issued guidance over the holiday interpreting their authority under their state comprehensive privacy statutes and related authorities.  Specifically, the Oregon Attorney General’s guidance focuses on laws relevant for artificial intelligence (“AI”), and the Connecticut Attorney General’s guidance focuses on opt-out preference signals that go into effect on January 1, 2025 in the state.Continue Reading State Attorneys General Issue Guidance On Privacy & Artificial Intelligence

This quarterly update highlights key legislative, regulatory, and litigation developments in the third quarter of 2024 related to artificial intelligence (“AI”) and connected and automated vehicles (“CAVs”).  As noted below, some of these developments provide industry with the opportunity for participation and comment.Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – Third Quarter 2024

On October 22, the National Institute of Standards and Technology (“NIST”) Internet of Things (“IoT”) Advisory Board released the Internet of Things Advisory Board Report, which concludes that IoT development has progressed more slowly than anticipated and identifies 26 findings that explain the slower pace of development and growth.  The Report offers 104 recommendations on how the government can help foster IoT development.  The Advisory Board provided this report to the IoT Federal Working Group emphasizing that an IoT transformation will boost U.S. economic growth, increase public safety and national resilience, create a more sustainable planet, individualize healthcare, foster equitable quality of life and well-being, and facilitate autonomous operations of our national infrastructure.  For background, the IoT Federal Working Group was established by Congress in 2020 and was charged with identifying policies and statutes inhibiting IoT development and consider recommendations of the Advisory Board. Continue Reading NIST Report and Recommendations on Fostering Development of the Internet of Things

Earlier this month, lawmakers released a discussion draft of a proposed federal privacy bill, the American Privacy Rights Act of 2024 (the “APRA”).  While the draft aims to introduce a comprehensive federal privacy statute for the U.S., it contains some notable provisions that could potentially affect the development and use of artificial intelligence systems.  These provisions include the following:Continue Reading Certain Provisions in the American Privacy Rights Act of 2024 Could Potentially Affect AI

This quarterly update highlights key legislative, regulatory, and litigation developments in the first quarter of 2024 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and data privacy and cybersecurity.  As noted below, some of these developments provide industry with the opportunity for participation and comment.Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – First Quarter 2024

On March 28, the White House Office of Management and Budget (OMB) released guidance on governance and risk management for federal agency use of artificial intelligence (AI).  The guidance was issued in furtherance of last fall’s White House AI Executive Order, which established goals to promote the safe, secure, and trustworthy use and development of AI systems.Continue Reading OMB Issues First Governmentwide AI Policy for Federal Agencies

On February 9, the Third Appellate District of California vacated a trial court’s decision that held that enforcement of the California Privacy Protection Agency’s (“CPPA”) regulations could not commence until one year after the finalized date of the regulations.  As we previously explained, the Superior Court’s order prevented the…

Continue Reading California Appeals Court Vacates Enforcement Delay of CPPA Regulations

On January 30, 2024, the U.S. Office of Management and Budget (OMB) published a request for information (RFI) soliciting public input on how agencies can be more effective in their use of privacy impact assessments (PIAs) to mitigate privacy risks, including those “exacerbated by artificial intelligence (AI).”  The RFI notes that federal agencies may develop or procure AI-enabled systems from the private sector that are developed or tested using personal identifiable information (PII), or systems that process or use PII in their operation.  Among other things, the RFI seeks comment on the risks “specific to the training, evaluation, or use of AI and AI-enabled systems” that agencies should consider in conducting PIAs of those systems. Continue Reading OMB Publishes Request for Information on Agency Privacy Impact Assessments