This is part of an ongoing 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 subsequent blogs described the actions taken by various government agencies to implement
Inside Global Tech
Insights on Tech Law, Regulation & Policy: AI, IoT and More
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ABA Publishes First Opinion on the Use of Generative AI in the Legal Profession
On July 29, 2024, the American Bar Association (“ABA”) Standing Committee on Ethics and Professional Responsibility released its first opinion regarding attorneys’ use of generative artificial intelligence (“GenAI”). The opinion, Formal Opinion 512 on Generative Artificial Intelligence Tools (the “Opinion”), generally confirms what many have assumed: GenAI can be a valuable tool to enhance efficiency…
U.S. Tech Legislative, Regulatory & Litigation Update – Second Quarter 2024
This quarterly update highlights key legislative, regulatory, and litigation developments in the second quarter of 2024 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and data privacy and cybersecurity.
I. Artificial Intelligence
Federal Legislative Developments
- Impact Assessments: The American Privacy Rights Act of 2024 (H.R. 8818, hereinafter “APRA”) was formally introduced in the
…
FCC Proposes Labeling and Disclosure Rules for AI-Generated Content in Political Ads
On Thursday, July 25, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) proposing new requirements for radio and television broadcasters and certain other licensees that air political ads containing content created using artificial intelligence (AI). The NPRM was approved on a 3-2 party-line vote and comes in the wake of an…
EU Artificial Intelligence Act Published
On 12 July 2024, EU lawmakers published the EU Artificial Intelligence Act (“AI Act”), a first-of-its-kind regulation aiming to harmonise rules on AI models and systems across the EU. The AI Act prohibits certain AI practices, and sets out regulations on “high-risk” AI systems, certain AI systems that pose transparency risks, and general-purpose AI (“GPAI”)…
Colorado and California Continue to Refine AI Legislation as Legislative Sessions Wane
With most state legislative sessions across the country adjourned or winding down without enacting significant artificial intelligence legislation, Colorado and California continue their steady drive to adopt comprehensive legislation regulating the development and deployment of AI systems.
Colorado
Although Colorado’s AI law (SB 205), which Governor Jared Polis (D) signed into law in…
California Legislature Advances Several AI-Related Bills
In a new post on the Inside Privacy blog, our colleagues summarize bills under consideration by the California Legislature that would impose requirements on developers and deployers of generative AI systems.
EU rules on platform work (“crowdwork directive”) – who is an employee?
A. Starting point in Germany
Why is the classification of employees relevant? In Germany, this has considerable consequences: These range from the applicability of employee protection standards (the classic: protection against dismissal) to potential criminal law consequences for the client who turns out to be the employer and has not paid social security contributions. Compliance…
Key Vote Expected on Brazil’s Artificial Intelligence Legal Framework
Tomorrow, the Federal Senate of the Brazilian National Congress may have its first vote on the country’s new artificial intelligence (AI) legal framework, which takes a human rights, risk management, and transparency approach.
The bill, to be marked-up by the Senate Temporary Committee on Artificial Intelligence (“CTIA”), creates a broad and detailed legal framework. It…
The UK’s New Digital Markets Regime: Some Key Takeaways
This year, the UK’s Competition and Markets Authority (“CMA”) is set to gain a range of new enforcement powers under the Digital Markets, Competition and Consumers (“DMCC”) Act (the final text is now available here). The DMCC Act received Royal Assent on 24 May 2024. However, with certain exceptions, the Act’s provisions will not…