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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, television companies, trade associations, and other entities on a wide range of media and technology matters. Jennifer has almost three decades of experience advising clients in the communications, media and technology sectors, and has held leadership roles in these practices for almost 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.

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On April 25, 2023, four federal agencies — the Department of Justice (“DOJ”), Federal Trade Commission (“FTC”), Consumer Financial Protection Bureau (“CFPB”), and Equal Employment Opportunity Commission (“EEOC”) — released a joint statement on the agencies’ efforts to address discrimination and bias in automated systems. Continue Reading DOJ, FTC, CFPB, and EEOC Statement on Discrimination and AI

The New York City Department of Consumer and Worker Protection (“DCWP”) recently issued a Notice of Adoption of Final Rule (“Final Rule”) relating to the implementation of New York City’s law regulating the use of automated employment decision tools (“AEDT”) by NYC employers and employment agencies.

NYC’s Local Law 144 now takes effect on July 5, 2023.  As discussed in our prior post, Local Law 144 prohibits employers and employment agencies from using certain Artificial Intelligence (“AI”) tools in the hiring or promotion process unless the tool has been subject to a bias audit within one year prior to its use, the results of the audit are publicly available, and notice requirements to employees or job candidates are satisfied.

The issuance of DCWP’s Final Rule follows the prior release of two sets of proposed rules in September 2022 and December 2022.  The Final Rule’s most significant updates from the December 2022 proposal include an expansion of the definition of AEDTs and modifications to the requirements for bias audits.  Key provisions of the Final Rule are summarized below.Continue Reading NYC Artificial Intelligence Rule to Take Effect July 5, 2023: New York City Issues Final Rule Regulating the Use of AI Tools by Employers

This quarterly update summarizes key legislative and regulatory developments in the first quarter of 2023 related to Artificial Intelligence (“AI”), the Internet of Things (“IoT”), connected and autonomous vehicles (“CAVs”), and data privacy and cybersecurity.Continue Reading U.S. AI, IoT, CAV, and Privacy & Cybersecurity Legislative & Regulatory Update – First Quarter 2023

On January 26, 2023, the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) released its Artificial Intelligence Risk Management Framework (the “Framework”) guidance document, alongside a companion AI RMF Playbook that suggests ways to navigate and use the Framework.  Continue Reading NIST Releases New Artificial Intelligence Risk Management Framework

This quarterly update summarizes key legislative and regulatory developments in the fourth quarter of 2022 related to Artificial Intelligence (“AI”), the Internet of Things (“IoT”), connected and autonomous vehicles (“CAVs”), and data privacy and cybersecurity.Continue Reading U.S. AI, IoT, CAV, and Privacy Legislative Update – Fourth Quarter 2022

This quarterly update summarizes key legislative and regulatory developments in the third quarter of 2022 related to Artificial Intelligence (“AI”), the Internet of Things (“IoT”), connected and autonomous vehicles (“CAVs”), and data privacy and cybersecurity. Continue Reading U.S. AI, IoT, CAV, and Privacy Legislative Update – Third Quarter 2022

Many employers and employment agencies have turned to artificial intelligence (“AI”) tools to assist them in making better and faster employment decisions, including in the hiring and promotion processes.  The use of AI for these purposes has been scrutinized and will now be regulated in New York City.  The New York City Department of Consumer and Worker Protection (“DCWP”) recently issued a Notice of Public Hearing and Opportunity to Comment on Proposed Rules relating to the implementation of New York City’s law regulating the use of automated employment decision tools (“AEDT”) by NYC employers and employment agencies.  As detailed further below, the comment period is open until October 24, 2022.Continue Reading Artificial Intelligence & NYC Employers:  New York City Seeks Public Comment on Proposed Rules That Would Regulate the Use of AI Tools in the Employment Context

This quarterly update summarizes key federal legislative and regulatory developments in the second quarter of 2022 related to artificial intelligence (“AI”), the Internet of Things (“IoT”), connected and automated vehicles (“CAVs”), and data privacy, and highlights a few particularly notable developments in U.S. state legislatures.  In the second quarter of 2022, Congress and the Administration focused on addressing algorithmic bias and other AI-related risks and introduced a bipartisan federal privacy bill.Continue Reading U.S. AI, IoT, CAV, and Data Privacy Legislative and Regulatory Update – Second Quarter 2022

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 IoT updates in Congress, the states, and federal agencies.

Part IV: Internet of Things

This quarter’s IoT-related Congressional and regulatory updates ranged from promoting consumer awareness to bolstering the security of connected devices.  In particular, the Federal Communications Commission (“FCC”) has taken a number of actions to promote the growth of IoT while the National Institute of Standards and Technology (“NIST”) continues to work to fulfill its obligations under President Biden’s May Executive Order on Improving the Nation’s Cybersecurity (“EO”).  The IoT Cybersecurity Improvement Act of 2020 (H.R.1668) additionally tasked NIST with developing security standards and guidelines for the federal government’s IoT devices.  This year NIST put out a number of reports to carry out this mandate, including guidance documents to assist federal agencies with evaluating the security capabilities required in their IoT devices (NIST SP 800-213).
Continue Reading 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 CAV updates in Congress and federal agencies.
Continue Reading U.S. AI and IoT Legislative Update – Year-End 2021