U.S. Federal and State Legislative Initiatives

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 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

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 Tuesday, February 14, 2023, the Senate Judiciary Committee held a hearing titled “Protecting Our Children Online.”  The witnesses included only consumer advocates, and no industry representatives.  As Committee Chair, however, Senator Durbin (D-IL) indicated that he plans to hold another hearing featuring representatives from technology companies.Continue Reading Senate Judiciary Committee Holds Hearing on Children’s Online Safety

On October 10, 2022 the draft rules implementing the Colorado Privacy Act (“CPA”) were officially published in the Colorado Register.  Written comments on the draft rules are due by November 7, 2022.  The CPA draft rules share some similarities with the draft rules set forth by the California Privacy Protection Agency (“CPPA”) interpreting the California Privacy Rights Act (“CPRA”).  Both sets of draft rules address requirements for privacy policy disclosures, consumer rights requests, and providing opt-out mechanisms.  However, there are a number of key differences between the two drafts. We highlight some of these below.Continue Reading Colorado Attorney General Releases Draft CPA Rules

The Colorado Department of Law issued draft rules implementing the Colorado Privacy Act.  The proposed draft rules will be published in the Colorado Register and available for comment on October 10, 2022.

Continue Reading Colorado Attorney General Issues Draft Rules Under the Colorado Privacy Act

On September 4th, the White House Office of Science and Technology Policy (“OSTP”) released its Blueprint for an AI Bill of Rights (“Blueprint”), which identifies five principles to minimize potential harms stemming from certain applications of AI.  The Blueprint recognizes the “extraordinary benefits” that AI can provide, and the Blueprint states that harms stemming from AI are not inevitable.  Continue Reading White House Releases Blueprint for AI Bill of Rights

This morning, the Supreme Court granted certiorari in Gonzalez v. Google LLC, 2 F.4th 871 (9th Cir. 2021) on the following question presented:  “Does section 230(c)(1) immunize interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limit the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information?”  This is the first opportunity the Court has taken to interpret 47 U.S.C. § 230 (“Section 230”) since the law was enacted in 1996.Continue Reading Supreme Court Grants Certiorari in Gonzalez v. Google, Marking First Time Court Will Review Section 230

On September 16, the Fifth Circuit issued its decision in NetChoice L.L.C. v. Paxton, upholding Texas HB 20, a law that limits the ability of large social media platforms to moderate content and imposes various disclosure and appeal requirements on them.  The Fifth Circuit vacated the district court’s preliminary injunction, which previously blocked the Texas Attorney General from enforcing the law.  NetChoice is likely to ask the U.S. Supreme Court to review the Fifth Circuit’s decision.Continue Reading Fifth Circuit Upholds Texas Law Restricting Online “Censorship”

The California Privacy Protection Agency (“CPPA”) announced it will hold a special meeting on July 28, 2022 at 9 a.m. PST to discuss and potentially act on proposed federal privacy legislation, including the bipartisan American Data Protection and Privacy Act (“ADPPA”) (H.R. 8152).  The ADPPA is a comprehensive data…

Continue Reading California Privacy Protection Agency to Hold Special Meeting to Discuss Proposed Federal Privacy Legislation