As policymakers weigh the implications of artificial intelligence (“AI”) and the Internet of Things (“IoT”), members of Congress have introduced a handful of measures focusing on Government support for and adoption of these emerging technologies.

In May, Senators Deb Fischer (R-NE), Brian Schatz (D-HI), Cory Gardner (R-CO), and Cory Booker (D-NJ) reintroduced the Developing and Growing the Internet of Things (“DIGIT”) Act.  An earlier version of the legislation passed the Senate last year, but stalled in the House.

As reintroduced, the DIGIT Act would convene a working group of federal entities that would consult with private sector stakeholders to provide Congress with recommendations to encourage the growth of Internet of Things (“IoT”) technologies.  Specifically, and among other measures, the bill would require the working group to:

  • identify governmental activities that inhibit or could inhibit the growth of IoT
  • consider policies or programs that encourage and improve coordination among federal agencies relevant to IoT
  • examine how federal agencies can benefit from IoT, the IoT technologies currently used by agencies, and how prepared agencies are to adopt new IoT technologies
  • consider any additional security measures federal agencies may need to take to safely and securely use IoT and enhance the resiliency of federal systems against cyber threats to IoT

The working group would include governmental entities, who would be directed to consult with non-governmental stakeholders, including industry representatives from non-technology companies, in the transportation, energy, agriculture, or health care sectors.  The DIGIT Act would also create a steering group of private entities to advise the working group.  The working group would be required to submit a report to Congress within 18 months of the Act’s enactment.

The DIGIT Act would also require the Federal Communications Commission (“FCC”) to study and provide a report to Congress on the spectrum needs to support an IoT ecosystem.

Two other new federal bills would also support new uses of AI technologies.  The AI in Government Act of 2019 (H.R. 2575), sponsored by Rep. Jerry McNerney (D-CA-9), would create an AI Center of Excellence to advise and promote efforts to develop innovative uses of  AI by the federal Government. In the Senate, the Artificial Intelligence Initiative Act (S. 1558), sponsored by Sen. Martin Heinrich (D-NM), would establish a coordinated federal initiative to accelerate research and development of AI.

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Photo of Jayne Ponder Jayne Ponder

Jayne Ponder provides strategic advice to national and multinational companies across industries on existing and emerging data privacy, cybersecurity, and artificial intelligence laws and regulations.

Jayne’s practice focuses on helping clients launch and improve products and services that involve laws governing data privacy…

Jayne Ponder provides strategic advice to national and multinational companies across industries on existing and emerging data privacy, cybersecurity, and artificial intelligence laws and regulations.

Jayne’s practice focuses on helping clients launch and improve products and services that involve laws governing data privacy, artificial intelligence, sensitive data and biometrics, marketing and online advertising, connected devices, and social media. For example, Jayne regularly advises clients on the California Consumer Privacy Act, Colorado AI Act, and the developing patchwork of U.S. state data privacy and artificial intelligence laws. She advises clients on drafting consumer notices, designing consent flows and consumer choices, drafting and negotiating commercial terms, building consumer rights processes, and undertaking data protection impact assessments. In addition, she routinely partners with clients on the development of risk-based privacy and artificial intelligence governance programs that reflect the dynamic regulatory environment and incorporate practical mitigation measures.

Jayne routinely represents clients in enforcement actions brought by the Federal Trade Commission and state attorneys general, particularly in areas related to data privacy, artificial intelligence, advertising, and cybersecurity. Additionally, she helps clients to advance advocacy in rulemaking processes led by federal and state regulators on data privacy, cybersecurity, and artificial intelligence topics.

As part of her practice, Jayne also advises companies on cybersecurity incident preparedness and response, including by drafting, revising, and testing incident response plans, conducting cybersecurity gap assessments, engaging vendors, and analyzing obligations under breach notification laws following an incident.

Jayne maintains an active pro bono practice, including assisting small and nonprofit entities with data privacy topics and elder estate planning.