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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…

The California Privacy Protection Agency (“the Agency”) announced October 17, 2022, proposed modifications to the draft regulations for the California Privacy Rights Act (CPRA) that were published on July 8, 2022. The draft regulations expanded on the text of the CPRA setting out a number of additional requirements regarding obtaining consumer consent, supporting the exercise…

The Brazilian Data Protection Authority (ANPD) has issued important guidance covering a variety of privacy aspects including security measures, determining controller and processor capacities, and how the ANPD administrative process will be applied to investigating companies and imposing penalties.

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On May 26, 2022, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) published a final rule revising the restrictions on the export, reexport and transfer (in-country) of certain “cybersecurity items” used for malicious cyber activities (“final rule”). Effective immediately upon publication, the final rule amends the October 21, 2021, interim final rule…

On May 19, 2022, the Federal Trade Commission (FTC) unanimously approved a policy statement on education technology (EdTech) and the Children’s Online Privacy Protection Act (COPPA). Characterized as part of a larger effort to “crack down on companies that illegally surveil children learning online,” the policy statement itself merely highlights pre-existing obligations under…

On May 11, 2022, the Senate confirmed President Biden’s appointment of Alvaro Bedoya to fill the vacant Democratic seat on the Federal Trade Commission (FTC). Commissioner Bedoya’s confirmation gives the Democratic commissioners a voting majority on the Commission, and we expect the FTC will pursue actions previewed by Chair Lina Khan. In this Legal Update,…

On February 9, 2022, the Securities Exchange Commission (“SEC” or “Commission”) voted 3-1 to propose rules, forms and amendments concerning cybersecurity risk management, as well as registered investment adviser and fund disclosures. As we have previously discussed, the proposal under the Investment Advisers Act of 1940 (Advisers Act) and the Investment Company Act of…

On 2 March 2022, the Cyberspace Administration of China (“CAC”) issued draft regulations on the administration of internet pop-up push notifications (the “Draft Regulations”). The Draft Regulations were issued pursuant to a number of laws, including the Cybersecurity Law.

The Draft Regulations bid to further tighten government control over the news followed a…