On February 28, 2024, President Joe Biden issued Executive Order (“EO”) 14117, empowering the Department of Justice (DOJ) to regulate the export of certain consumer data, in order to prevent certain countries’ governments from obtaining bulk sets of especially sensitive personal data. The EO, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United

On December 20, 2023, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) that would make significant changes to the Children’s Online Privacy Protection Rule (“COPPA Rule”), which implements the Children’s Online Privacy Protection Act of 1998 (“COPPA”). The proposed rule would make a number of changes intended to expand the COPPA

On October 30, 2023, President Joe Biden issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intellence (the “AI EO”). Directing numerous actions by federal agencies, the AI EO reflects the Biden Administration’s intent to employ a range of legal and policy tools to promote US leadership on artificial

Cybersecurity Awareness Month is a good time to highlight one trend in federal efforts to address cyber risk: proscriptive regulation of the information and communications technology and services (“ICTS”) supply chain.

Supply chain risk management is a broad field encompassing, among other things, federal efforts to improve software security, and proposals to revise the FAR

Recently, world leaders and key stakeholders gathered for the 78th session of the United Nations General Assembly (“UNGA”) to discuss global challenges with the goal of furthering peace, security, and sustainable development. A key topic of discussion was the “digital revolution,” focusing on the opportunities and challenges presented by artificial intelligence (“AI”), as well as

Oregon has joined 10 other states in enacting a comprehensive data privacy law.1 On July 18, 2023, Governor Tina Kotek signed the Oregon Consumer Privacy Act (the “Oregon Privacy Law”) into law. The law imposes a range of new data privacy requirements on non-exempt controllers and processors of Oregon consumer personal data. The Oregon

On July 18, 2023, the Biden-Harris Administration announced its “U.S. Cyber Trust Mark” initiative.1 Under this program, the Federal Communications Commission (FCC) will establish a voluntary certification and labeling program to guide and inform consumers purchasing Internet of Things (IoT) devices such as “smart refrigerators, smart microwaves, smart televisions, smart climate control systems, smart

On July 19, 2023, the Office of the National Cyber Director (ONCD) issued a request for information (RFI) on cybersecurity regulatory harmonization.1 The RFI is intended to be a step toward the Biden Administration’s goal, as stated in the National Cybersecurity Strategy, to “harmonize not only regulations and rules, but also assessments and audits

On Tuesday, June 20, 2023, President Joe Biden met with industry experts at the intersection of technology and society to discuss the opportunities and challenges of artificial intelligence (AI) development. President Biden emphasized the “need to manage the risks to our society, to our economy and our national security” and referenced the Blueprint for an

On Tuesday, May 16, 2023, the US Senate Judiciary Subcommittee on Privacy & Technology held its first hearing on Artificial Intelligence.1 The hearing, called “Oversight of AI: Rules for Artificial Intelligence”, featured witness testimony from Sam Altman, the CEO of OpenAI, Christina Montgomery, the chief privacy officer at IBM, and Gary Marcus, a