California’s 2024 legislative session has been marked with exciting developments and a clear focus on setting the rules of the road for artificial intelligence (AI), with some measures becoming law and others stalling out along the way. Last month, Governor Newsom signed 17 bills regulating AI in the Golden State. Notably, Governor Newsom vetoed SB
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Cybersecurity: A Critical Element in Your 2025 Business Forecast
As cyberattacks become more sophisticated, cybersecurity remains a top concern for regulators, consumers, business partners, and investors. Weak security can cause substantial harm to a company and lead to litigation, reputational damage, and hefty fines. Against that background, the EU is introducing stricter regulations that require robust cyber resilience, mandate board oversight on cybersecurity strategy,…
FCC Issues Notice of Proposed Rulemaking Regarding the Use of AI-Generated Technologies for Consumer Communications
The Federal Communications Commission (FCC) recently issued a unanimous Notice of Proposed Rulemaking and Notice of Inquiry targeting the use of AI-related technologies for communicating with consumers.1 In the proposed rule, the FCC seeks to impose a broad definition for AI technologies subject to the requirements of the Telephone Consumer Protection Act (TCPA). Companies…
Substantial New CCPA Regulations Inch Closer to Reality: A Detailed Overview of the New Requirements and Their Projected $4 Billion Cost to California Businesses
On July 16, 2024, the California Privacy Protection Agency (CPPA) Board met to discuss advancing its over 200-page draft rulemaking package to formal proceedings.[1] The proposed regulations include 37 pages of significant new obligations spanning cybersecurity audits, automated decision-making technology (e.g., artificial intelligence, (AI)), privacy risk assessments, and 72 pages of other updates to…
EU AI Act to Enter into Force in August
On July 12, 2024, the European Union’s (EU) Artificial Intelligence Act (AI Act) was published in the Official Journal of the EU. This was the last step for the AI Act to become law. The AI Act will enter into force 20 days after the publication, i.e., on August 1.…
“Chevron is overruled”: How Loper Bright Will Change the Regulatory Law Landscape
In a decision with far-ranging implications for federal administrative law, the United States Supreme Court issued its long-awaited ruling in Loper Bright Enterprises v. Raimondo (Loper Bright).1 The Supreme Court’s six-Justice majority held that the Administrative Procedure Act (APA) requires courts interpreting agency regulations to determine independently whether the agencies have acted within their statutory authority,…
EU AI Act Is Now Adopted
On May 21, 2024, the Council of the European Union (the Council) formally signed off on the latest draft of the European Union’s (EU) Artificial Intelligence Act (AI Act) (see the press release here). This marks the final seal of approval from the EU legislators. The text will officially become law once it is…
New Minor Safety Obligations for Online Services: REPORT Act Expands Child Sexual Exploitation Reporting Requirements
Despite national efforts over the past decades, child sexual abuse material (CSAM) and online child sexual exploitation are still unfortunately prevalent. In 2023, the National Center for Missing and Exploited Children (NCMEC) received over 35.9 million reports of suspected CSAM.[1] This is more than a 20 percent increase over the previous three years. Notably,…
Updated: 10 Things You Should Know About the EU Artificial Intelligence Act
The Artificial Intelligence Act (AI Act) is the first comprehensive legislation that intends to regulate AI horizontally across all sectors in Europe. It will have far reaching consequences on all companies developing, implementing, or using AI solutions in the EU and beyond. These FAQs provide key information you should know before the AI Act is…
French Data Protection Authority Publishes Recommendations on the Development of AI Systems: Seven Takeaways
On April 8, 2024, the French Data Protection Authority (CNIL) published recommendations on the development phase of artificial intelligence (AI) systems1 (Recommendations). They are the first set of recommendations designed to guide the various players in the AI ecosystem on how to apply the General Data Protection Regulation (GDPR) to the development of AI systems.…