Congress

On April 28, the House of Representatives voted 409-2 to pass the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act (“TAKE IT DOWN Act”), which criminalizes the publication of nonconsensual intimate visual depictions (“NCII”) and requires online platforms to establish a notice and takedown process for NCII. The Act, which previously had been passed by the Senate, now goes to the President’s desk for signature. President Trump has indicated that he intends to sign the bill into law.Continue Reading U.S. Congress Passes Bill Establishing Notice and Takedown Regime for Publication of Nonconsensual Intimate Visual Depictions

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

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

U.S. Senate Majority Leader Chuck Schumer (D-NY) yesterday, July 23, initiated procedural steps that will likely lead to swift Senate passage of the Kids Online Safety Act (“KOSA”) and the Children and Teens’ Online Privacy Protection Act (“COPPA 2.0”).  Both bills have been under consideration in the Senate and the House of Representatives for some time, which we have previously covered.  Schumer’s action will likely bring the two bills in a single package to the Senate Floor as soon as Thursday, July 25. The future of the legislation in the House, however, is less certain.Continue Reading KOSA, COPPA 2.0 Likely to Pass U.S. Senate

Earlier this month, lawmakers released a discussion draft of a proposed federal privacy bill, the American Privacy Rights Act of 2024 (the “APRA”).  While the draft aims to introduce a comprehensive federal privacy statute for the U.S., it contains some notable provisions that could potentially affect the development and use of artificial intelligence systems.  These provisions include the following:Continue Reading Certain Provisions in the American Privacy Rights Act of 2024 Could Potentially Affect AI

This quarterly update summarizes key legislative and regulatory developments in the third quarter of 2023 related to key technologies and related topics, including Artificial Intelligence (“AI”), connected and automated vehicles (“CAVs”), and data privacy and cybersecurity.Continue Reading U.S. Tech Legislative & Regulatory Update – Third Quarter 2023