United States

On March 5, 2025, Senators Bill Cassidy (R-LA) and Gary Peters (D-MI) introduced the federal Genomic Data Protection Act (“GDPA”).  The Senators introduced the same bill at the end of last year, but the bill stagnated, and Congress adjourned soon after.  Notably, as part of his February 2024 white paper, Senator Cassidy specifically called for the regulation of genetic data collected by direct-to-consumer genetic testing companies, pointing to several states that have enacted laws regulating these companies over the past several years.

Continue Reading U.S. Senate Introduces Genomic Data Protection Act

On Tuesday, March 11, 2025, in the first Senate Judiciary subcommittee hearing of the 119th Congress, the Senate Subcommittee on Crime and Counterterrorism held a hearing entitled “Ending the Scourge: The Need for the STOP CSAM Act.”  Subcommittee Chair Senator Josh Hawley (R-MO), who convened the hearing, and Ranking Member Dick Durbin (D-IL) announced in February that they intended to reintroduce the Strengthening Transparency and Obligations to Protect Children Suffering from Abuse and Mistreatment Act or “STOP CSAM Act”, a comprehensive bill that seeks to combat the online sexual exploitation of children.  First introduced in 2023, the Act did not receive a vote on the Senate floor last Congress, despite being unanimously advanced by the Senate Judiciary Committee. 

Continue Reading Senate Judiciary Subcommittee Holds Hearing on the STOP CSAM Act

A fan of celebrity LL Cool J filed a wiretapping suit against Community.com (“Community”), claiming that Community accessed her text message to LL Cool J in violation of the federal Wiretap Act and the California Invasion of Privacy Act (“CIPA”).  In an unpublished opinion highlighting that Section 632 of CIPA does not protect communications that are by nature a recorded medium, the Ninth Circuit affirmed dismissal of the plaintiff’s claims. See Boulton v. Community.com, Inc., No. 23-3145, 2025 WL 314813 (9th Cir. Jan. 28, 2025).

Continue Reading Ninth Circuit Affirms Dismissal of CIPA and Wiretap Act Claims Against Celebrity Platform

On February 21, 2025, Congressmen Brett Guthrie (R-KY-2) and John Joyce (R-PA-13), Chairman and Vice Chairman of the House Committee on Energy and Commerce, respectively, issued a Request for Information (“RFI”) asking stakeholders to provide comments to the newly formed data privacy working group.  Chairman Guthrie and Vice Chairman Joyce…

Continue Reading Federal Congressional Comprehensive Data Privacy Working Group Issues Request for Information

With the 119th Congress now assembled, Republicans control both the House and Senate, and will control the White House starting on January 20th.  If history is any guide, this change in party control of the White House, plus unified control of Congress by the president’s party, will pave the way for Republicans to deploy the Congressional Review Act (CRA) to overturn a number of regulations issued by the Biden Administration.  When President Trump first took office in 2017, congressional Republicans used the CRA to overturn more than a dozen rules promulgated by the Obama Administration.   

Continue Reading Biden Administration Rulemakings at Risk for Congressional Review Act Cancellation in New Congress

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

This update focuses on how growing quantum sector investment in the UK and US is leading to the development and commercialization of quantum computing technologies with the potential to revolutionize and disrupt key sectors.  This is a fast-growing area that is seeing significant levels of public and private investment activity.  We take a look at how approaches differ in the UK and US, and discuss how a concerted, international effort is needed both to realize the full potential of quantum technologies and to mitigate new risks that may arise as the technology matures.

Quantum Computing

Quantum computing uses quantum mechanics principles to solve certain complex mathematical problems faster than classical computers.  Whilst classical computers use binary “bits” to perform calculations, quantum computers use quantum bits (“qubits”).  The value of a bit can only be zero or one, whereas a qubit can exist as zero, one, or a combination of both states (a phenomenon known as superposition) allowing quantum computers to solve certain problems exponentially faster than classical computers. 

The applications of quantum technologies are wide-ranging and quantum computing has the potential to revolutionize many sectors, including life-sciences, climate and weather modelling, financial portfolio management and artificial intelligence (“AI”).  However, advances in quantum computing may also lead to some risks, the most significant being to data protection.  Hackers could exploit the ability of quantum computing to solve complex mathematical problems at high speeds to break currently used cryptography methods and access personal and sensitive data. 

This is a rapidly developing area that governments are only just turning their attention to.  Governments are focusing not just on “quantum-readiness” and countering the emerging threats that quantum computing will present in the hands of bad actors (the US, for instance, is planning the migration of sensitive data to post-quantum encryption), but also on ramping up investment and growth in quantum technologies. 

Continue Reading Quantum Computing: Developments in the UK and US

On July 10, 2024, the U.S. Senate passed the Stopping Harmful Image Exploitation and Limiting Distribution (“SHIELD”) Act, which would criminalize the distribution of private sexually explicit or nude images online.  

Continue Reading U.S. Senate Passes SHIELD Act to Criminalize Distribution of Private Intimate Images Online

Likely spurred by plaintiffs’ recent successes in cases under Illinois’s Biometric Information Privacy Act (“BIPA”), a new wave of class actions is emerging under Illinois’s Genetic Information Privacy Act (“GIPA”). While BIPA regulates the collection, use, and disclosure of biometric data, GIPA regulates that of genetic testing information. Each has a private right of action and provides for significant statutory damages, even potentially where plaintiffs allege a violation of the rule without actual damages.[1] From its 1998 enactment until last year, there were few GIPA cases, and they were largely focused on claims related to genetic testing companies.[2] More recently, plaintiffs have brought dozens of cases against employers alleging GIPA violations based on allegations of employers requesting family medical history through pre-employment physical exams. This article explores GIPA’s background, the current landscape and key issues, and considerations for employers.

Continue Reading Employers Beware: New Wave of Illinois Genetic Information Privacy Act Litigation

With the 2024 election rapidly approaching, the Biden Administration must race to finalize proposed agency actions as early as mid-May to avoid facing possible nullification if the Republican Party controls both chambers of Congress and the White House next year.  This post summarizes the Congressional Review Act (“CRA”) which will apply to a number of U.S. federal rulemakings, including those related to privacy and cybersecurity.

Continue Reading Congressional Review Act Threat Looms Over Biden Administration Rulemakings