On October 28, Texas State Representative Giovanni Capriglione (R-Tarrant County) released a draft of the Texas Responsible AI Governance Act (“TRAIGA”), after nearly a year collecting input from industry stakeholders. Representative Capriglione, who authored Texas’s Data Privacy and Security Act (discussed here) and currently co-chairs the state’s AI Advisory Council, appears likely to
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Brazilian Government Opens Consultation on Artificial Intelligence and Data Protection
Brazil’s National Data Protection Agency (“ANPD”) initiated a public consultation on the relationship between artificial intelligence (AI) and data protection. At this point, there is no proposed draft regulation, but ANPD is requesting responses to 15 open-ended questions. The consultation may lead to specific legislation and regulation.
The questions include topics such as: the compatibilization
NYDFS Issues Industry Guidance on Risks Arising from Artificial Intelligence
On October 16, 2024, the New York Department of Financial Services (“NYDFS”) issued an industry letter (the “Guidance”) highlighting the cybersecurity risks arising from the use of artificial intelligence (“AI”) and providing strategies to address these risks. While the Guidance “does not impose any new requirements,” it clarifies how Covered Entities should address AI-related risks
FCC to Examine Customer Service Issues in the Communications Industry
On October 23, the Federal Communications Commission (“FCC”) released a Notice of Inquiry (“NOI”) seeking comment on potential initiatives to address customer service concerns among regulated communications service providers.
The FCC stated that the goal of the NOI is “to ensure that consumers have appropriate access to the customer services resources they require to interact
The Nagoya Protocol at Its 10th Anniversary: Lessons Learned and New Challenges from ‘Access and Benefit-Sharing’
October 12, 2024, marks the 10-year anniversary of entry into force of the Nagoya Protocol on Access to Genetic Resources and Fair Benefit-Sharing from their Utilization (“ABS”). This additional treaty to the Convention on Biological Diversity (“CBD”) has now been ratified by 142 countries. Over the past decade, Nagoya Protocol has resulted in the mushrooming
September 2024 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity Strategy
This is part of a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by various government agencies to implement
EU Commission Publishes Report Assessing EU Consumer Laws and Paves Way for New and Stronger EU Consumer Law for the Digital Space
On October 3, 2024, the European Commission published a report evaluating the effectiveness of existing EU consumer protection laws in protecting consumers in the digital space. More specifically, the report assesses the effectiveness of the following three consumer protection laws: (i) the Unfair Commercial Practices Directive (“UCPD”); (ii) the Consumer Rights Directive (“CRD”); and (iii)
September 2024 Developments Under President Biden’s AI Executive Order
This is part of an ongoing series of Covington blogs on the implementation of Executive Order No. 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “AI EO”), issued by President Biden on October 30, 2023. The first blog summarized the AI EO’s key provisions and related Office of Management and
California Enacts Health AI Bill and Protections for Neural Data
On September 28, California’s governor signed a number of bills into law, including to regulate health care facilities’ use of artificial intelligence (“AI”). This included AB 3030, which regulates certain California-licensed health care facilities’ use of AI and SB 1223, which amends the California Consumer Privacy Act (CCPA) to cover “neural data.” We
FTC Announces New Enforcement Actions on Marketing of AI-Enabled Products
On September 25, the Federal Trade Commission (FTC) announced that it brought five actions against companies it accused of using “artificial intelligence as a way to supercharge deceptive or unfair conduct that harms consumers.” These actions, which the FTC indicated are part of its new enforcement sweep called “Operation AI Comply,” reflect the FTC’s repeatedly