A class-action lawsuit filed last month alleges that Wal-Mart’s video recording technology at its self-service checkout kiosks collects “personal identification information” in violation of the California Song-Beverly Act Credit Card Act of 1971 (“Song-Beverly Act”). The Song-Beverly Act, like analogous statutes in several other states, generally prohibits businesses from recording customers’ “personal identification information” as … Continue Reading
On the heels of the Federal Trade Commission’s (“FTC”) third annual “PrivacyCon,” the Future of Privacy Forum hosted its eighth annual “Privacy Papers for Policymakers” event on Capitol Hill—a gathering in which academics present their original scholarly works on privacy-related topics to D.C. policy wonks who may have a hand in shaping laws and regulations … Continue Reading
On January 12, the International Consumer Electronics Show (CES) in Las Vegas closed its doors for another year. Each CES raises a new set of technology themes, ranging from robots to smart fridges — and this year, the winner was voice technologies. Such technologies, while not entirely new, are now becoming mainstream: sales of smart … Continue Reading
On October 24, the Information Technology Industry Council (ITI) released a set of policy principles to guide the technology industry and governments in their approach to artificial intelligence (AI). The organization—which includes Amazon, Apple, Facebook, Google, Intel, and Microsoft—intends for its guidelines to help AI meet its potential to solve important problems while minimizing any … Continue Reading
On August 28, 2017, the U.S. Government Accountability Office (“GAO”) publicly released a report regarding consumer privacy issues associated with the rapidly increasing number of cars that are “connected”—i.e., capable of wirelessly monitoring, collecting, and transmitting information about their internal and external environments. The report examines four key issues: (1) the types of data collected … Continue Reading
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
