Archives: Emerging Technologies

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California Bill Poised to Change Regime Governing the Internet of Things

A bill pending in the California legislature, if passed, would create new obligations for manufacturers of “connected devices.” S.B. 327 (also known as the “Teddy Bear and Toaster Act”) would operate somewhat differently than existing laws, such as the California Online Privacy Protection Act (“CalOPPA”). Security obligations. Manufacturers of connected devices that sell those devices … Continue Reading

FTC and NHSTA Hold Workshop to Drive Discussion on Connected Cars

On June 28, 2017, The Federal Trade Commission and the National Highway Traffic Safety Administration (NHTSA) hosted a workshop  to examine the consumer privacy and security issues that automated and connected motor vehicles pose.  The workshop’s Public Notice, which solicited comments from stakeholders in advance of the event, highlighted the benefits that connected cars can … Continue Reading

Senate, House, and FTC Seek to Steer the Course of Self-Driving Vehicles

Members of Congress are gearing up for national laws on autonomous vehicles. Last week in the Senate, John Thune (R-S.D.), Gary Peter (D-Mich.), and Bill Nelson (D-Fla.) released a list of principles for bipartisan legislation in advance of a hearing they convened on June 14, 2017, entitled “Paving the Way for Self-Driving Vehicles.”  In the … Continue Reading

Cloud Security Alliance Releases Guidance for Securing Connected Vehicles

The increasing connectivity of vehicles has raised questions about how to maintain the security of connected vehicles.  In response, the Cloud Security Alliance released on May 25, 2017 a 35-page research and guidance report on Observations and Recommendations on Connected Vehicle Security.  The Cloud Security Alliance is a not-for-profit organization dedicated to promoting a secure … Continue Reading

Parties Discuss Privacy Issues in Advance of FTC, NHTSA Workshop on Connected Cars

Automated vehicle technology is accelerating, and regulators are racing to keep up.  On June 28, 2017, the Federal Trade Commission and the National Highway Traffic Safety Administration (“NHTSA”) will hold a workshop to examine the consumer privacy and security issues posed by automated and connected vehicles.  The workshop comes several months after the Department of … Continue Reading

Legislation Introduced in House and Senate to Establish Drone Privacy Rules

By Stephen Kiehl Continuing their focus on drone privacy issues, Senator Edward J. Markey (D-Mass.) and Rep. Peter Welch (D-Vt.) introduced legislation in the House and Senate this month that would require drone operators to create policies covering data collection and retention and require warrants for law enforcement agencies to conduct surveillance by drone. The … Continue Reading

Commerce Releases Green Paper on Approach to Supporting IoT, Seeks Public Comment

The Department of Commerce released a “green paper” earlier this month proposing steps the Department can take to advance and support the Internet of Things (“IoT”).  The report includes recommendations based on comments submitted to the Department in response to an April 2016 Request for Comment as well as feedback from a September 2016 IoT … Continue Reading

White House Issues Report on Artificial Intelligence and the Economy

On December 20, 2016, the White House released a report examining the potential economic effects of artificial intelligence (“AI”).  This report follows closely on the heels of another released by the White House only two months ago that explored more broadly the questions raised for society and public policy by progress in AI. The December … Continue Reading

The Commission on Enhancing National Cybersecurity Releases Its Report on Securing and Growing the Digital Economy

On December 1, 2016, the Commission on Enhancing National Cybersecurity released its Report on Securing and Growing the Digital Economy. In its Report, the Commission, established in February 2016 by President Obama, provided detailed short- and long-term recommendations to strengthen cybersecurity in the public and private sectors. The Commission took a multi-stakeholder approach, emphasizing the … Continue Reading

Advisory Group Releases Report on Internet of Things

Following NIST’s release of cybersecurity guidance for the Internet of Things last week, the Broadband Internet Technical Advisory Group (BITAG) released a report today titled Internet of Things (IoT) Security and Privacy Recommendations (the Report).  BITAG is a non-profit organization that brings together engineers and technologists in a working group to develop consensus on technical … Continue Reading

White House Releases Report on the Future of Artificial Intelligence

On October 12, 2016, the White House released a report entitled Preparing for the Future of Artificial Intelligence.  The report surveys the current state of Artificial Intelligence (AI), its existing and potential applications, and the questions that progress in AI raises for society and public policy.  The publication of the report follows a series of … Continue Reading

FAA Drone Rules Take Effect; Commercial Use of Drones Permitted with Certain Conditions

By Stephen Kiehl Welcome to the Drone Age. The Federal Aviation Administration’s (“FAA”) long-awaited rule on the commercial use of small unmanned aircraft systems (“UAS” or “drones”) took effect Monday, August 29, 2016, providing a comprehensive and generally applicable set of rules for anyone wishing to operate a small drone for commercial purposes.… Continue Reading

Consumer Groups, Stakeholders React to Petition Requesting Halt in Vehicle-to-Vehicle Communications Service Due to Cybersecurity Concerns

A variety of advocacy groups and industry stakeholders filed comments yesterday in response to a petition by non-profit Public Knowledge to halt operation of the Dedicated Short-Range Communications (DSRC) service.  The nascent DSRC service, which operates in the 5.9 GHz band, enables vehicle-to-vehicle and vehicle-to-infrastructure communications to protect the safety of drivers and passengers and … Continue Reading

NTIA Multistakeholder Group Reaches Consensus on Best Practices for Commercial Use of Facial Recognition Technology

Last week, the multistakeholder group convened by the National Telecommunications and Information Administration (“NTIA”) to create set of voluntary best practices for the commercial use of facial recognition technology finalized its guidelines.  While the three-page code of conduct was praised by industry groups, including the Software & Information Industry Association and Consumer Technology Association, many … Continue Reading

NTIA Multistakeholder Group Reaches Consensus on Best Practices for Drone Privacy

By Stephen Kiehl and Hannah Lepow Over the last year, the National Telecommunications and Information Administration, an arm of the Department of Commerce, has convened a series of meetings regarding voluntary best practices for privacy, accountability and transparency in the use of drones (“UAS”) by commercial and private users.  A number of stakeholders have participated … Continue Reading

White House Announces Artificial Intelligence Workshops and Working Group

Yesterday, the White House announced a series of workshops and an interagency working group devoted to the benefits and risks of artificial intelligence (AI).  The announcement cited the growing influence of AI, and specifically its potential applications in healthcare, education, and transportation.  On the other hand, the announcement noted the potential risks and policy challenges … Continue Reading

Senate Panel Passes “Internet of Things” Bill

Yesterday, the Senate Commerce Committee passed a bill meant to increase government involvement in the development of the “Internet of Things” (IoT). By a voice vote, the committee approved the Developing Innovation and Growing the Internet of Things (DIGIT) Act, sponsored by Sen. Deb Fischer (R-Neb.), Sen. Kelly Ayotte (R-N.H.), Sen. Cory Booker (D-N.J.), and … Continue Reading

NTIA Release Requests for Comments on IoT Issues

Yesterday, the National Telecommunications and Information Administration (NTIA), part of the U.S. Department of Commerce, issued a Request For Public Comment (RFC) seeking comment on the benefits, challenges, and potential roles for the government in fostering the advancement of the Internet of Things (IoT). NTIA issued the RFC as part of the Commerce Department’s Digital … Continue Reading

Report Questions Use of “Going Dark” to Describe Encryption Trends

A report released yesterday by the Berkman Center for Internet & Society at Harvard University addresses the recent debate over the use of encryption in communications technologies and its impact on government access to communication data.  The report focuses on the U.S. government’s use of the “going dark” metaphor to describe recent decisions by several … Continue Reading

Covington Attorneys Author Chapter on the Challenges of Managing Third-Party Outsourcing Risks

As businesses increasingly work with various types of third parties that process sensitive information and, in some cases, access a company’s networks, there is an inherent risk:  these third parties create new avenues of attack against a company’s data, systems, and networks.   Covington attorneys David Fagan, Nigel Howard, Kurt Wimmer, and Elizabeth Canter describe these … Continue Reading

Start With Security: Key Takeaways from the FTC’s Data Security Conference

By Lindsey Tonsager and Megan Rodgers The FTC held its “Start with Security” conference in San Francisco, California, last week, launching an initiative to provide companies with practical resources for implementing effective data security strategies. The event was targeted at tech start-ups and small- and medium-sized businesses, but the panelists included representatives from companies with … Continue Reading

Multistakeholder Group Seeks Comment on Draft Framework for IoT Device Manufactures

Earlier this week, the Online Trust Alliance released a draft framework of best practices for Internet of Things device manufacturers and developers, such as connected home devices and wearable fitness and health technologies.  The OTA is seeking comments on its draft framework by September 14. The framework acknowledges that not all requirements may be applicable … Continue Reading

Covington Webinar on the Internet of Things

On Thursday, January 29, Covington’s Global Privacy and Data Security Practice Group will host a webinar on the Internet of Things (IoT).  The webinar will cover the full federal, state, and international legal landscape governing IoT technology. While the Federal Trade Commission (FTC) is expected to release a report soon on privacy issues raised by IoT, the FTC … Continue Reading

Schedule of Panelists for FTC’s Upcoming Big Data & Discrimination Workshop

As we have previously reported, in less than two weeks the FTC will host its anticipated workshop on big data and discrimination.  Today the FTC announced a full agenda and panelists for the September 15th event, “Big Data: A Tool for Inclusion or Exclusion?” which will take place in Washington, D.C., at the Constitution Center.  … Continue Reading
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