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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 July 10, 2023, the European Commission (“Commission”) adopted an adequacy decision for the EU-US Data Privacy Framework (“DPF”). The DPF is the successor to the EU-US Privacy Shield, which the Court of Justice of the European Union (“CJEU”) declared invalid in 2020.

This adequacy decision reflects agreement by the Commission that the DPF offers…

The New York Department of Financial Services (NYDFS) has proposed revisions to its cybersecurity regulation for banks, insurance companies and other financial services companies. The proposal significantly expands requirements for covered entities, including new requirements for larger companies, expanded governance requirements, additional notice and compliance certification requirements and more.

In this one-hour webinar, members of…

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 June 28, 2023, the New York Department of Financial Services (“NYDFS”) published updated proposed amendments to its cybersecurity regulation (the “2023 Proposal”) applicable to “covered entities.”1 Covered entities are any person operating under, or required to operate under, a license, registration, charter, certificate, permit, accreditation or similar authorization under the New York Banking…

On June 18, 2023, Governor Greg Abbott signed into law the Texas Data and Privacy Security Act (the “Texas Privacy Law”), which goes into effect July 1, 2024. With this law, Texas joins 10 other states that have also passed comprehensive privacy laws throughout the United States: California, Virginia, Colorado, Connecticut, Utah, Florida, Montana, Iowa,…

On May 18, 2023, the Federal Trade Commission (“FTC”) issued a policy statement warning companies of the ways that collecting and using biometric information, or using biometric information technologies, might amount to an unfair or deceptive practice in violation of Section 5 of the FTC Act.

The policy statement identified several potentially deceptive practices: false…

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…

On April 25, 2023, the Federal Trade Commission (FTC), Department of Justice Civil Rights Division (DOJ), Equal Employment Opportunity Commission (EEOC), and the Consumer Financial Protection Bureau (CFPB) issued a joint statement (Joint Statement) that each of them is now, and will be, looking at possible discrimination involving AI systems and other automated processes.

The…