On February 16, 2024, the UK Information Commissioner’s Office (ICO) introduced specific guidance on content moderation and data protection. The guidance complements the Online Safety Act (OSA)—the UK’s legislation designed to ensure digital platforms mitigate illegal and harmful content. The ICO underlines that if an organisation carries out content moderation that involves personal information, “[it] must comply with data protection law.” The guidance highlights particular elements of data protection compliance that organisations should keep in mind, including in relation to establishing a legal basis and being transparent when moderating content, and complying with rules on automated decision-making. We summarize the key points below.Continue Reading ICO Releases Guidance on Content Moderation and Data Protection
On February 15, the Federal Communications Commission (“FCC”) adopted new consent revocation rules for robocalls and robotexts, which the FCC defined as calls made using an “automatic telephone dialing system” or an artificial or prerecorded voice. Under the Telephone Consumer Protection Act (“TCPA”) and the FCC’s implementing rules, callers and texters must obtain “prior express consent” or “prior express written consent,” depending on the call/text content, from consumers to send such communications absent an applicable exemption.Continue Reading FCC Adopts New TCPA Consent Revocation Rules
On February 13, 2024, the European Parliament’s Committee on Internal Market and Consumer Protection and its Committee on Civil Liberties, Justice and Home Affairs (the “Parliament Committees”) voted overwhelmingly to adopt the EU’s proposed AI Act. This follows a vote to approve the text earlier this month by the Council of Ministers’ Permanent Representatives Committee (“Coreper“). This brings the Act closer to final; the last step in the legislative process is a vote by the full European Parliament, currently scheduled to take place in April 2024.
The compromise text approved by Coreper and the Parliament Committees includes a number of significant changes as compared to earlier drafts. In this blog post, we set out some key takeaways.Continue Reading EU AI Act: Key Takeaways from the Compromise Text
On February 20, Speaker Mike Johnson (R-LA) and Democratic Leader Hakeem Jeffries (D-NY) announced a new Artificial Intelligence (AI) task force in the House of Representatives, with the goal of developing principles and policies to promote U.S. leadership and security with respect to AI. Rep. Jay Olbernolte (R-CA) will chair the task force, joined by Rep. Ted Lieu (D-CA) as co-chair. Several other senior members of the California delegation, including Rep. Darrell Issa (R-CA) and retiring Rep. Anna Eshoo (D-CA), will participate in the effort as well.Continue Reading New Bipartisan House Task Force May Signal Legislative Momentum on Artificial Intelligence
While the EU Directive on Unfair Terms in Consumer Contracts prohibits certain clauses in standard (i.e., unilaterally imposed) contracts between businesses and consumers, some recently enacted EU laws restrict the use of certain clauses in standard contracts between businesses (“B2B”). The Data Act is the latest example of such a law, as it prohibits certain “unfair contractual terms” (“Unfair Clauses”) in standard contracts between businesses relating to the access and use of data. As such, it has a potentially very wide scope. Businesses entering into such a contract should therefore ensure that they do not include any clause that could be considered “unfair” because such a clause would not be binding on the other party to the contract. This blog post focuses specifically on the Data Act’s provision on Unfair Clauses. For more information on the Data Act, see our previous blog post.Continue Reading EU Data Act Regulates Business-to-Business Contracts Relating to Access and Use of Data
Last month, the FCC adopted a Notice of Proposed Rulemaking (NPRM) seeking comment on a proposal that it reports is intended to incentivize the production of local media by radio and television broadcast stations. In the NPRM, the FCC proposes to “adopt a processing policy to prioritize evaluation of those applications filed by stations that certify that they provide locally originated programming” in certain circumstances. FCC Chairwoman Rosenworcel has stated that this proposal will support local journalism, which she explained is “vital for our communities and our country.”Continue Reading FCC Seeks Comment on Proposal to Prioritize Locally Produced Media
On February 8, 2024, the Federal Communications Commission (FCC) released a declaratory ruling stating that Telephone Consumer Protection Act (TCPA) restrictions on making phone calls using an “artificial or prerecorded voice” “encompass current AI technologies that generate human voices.” Therefore, unless an exemption applies, telemarketing calls using an artificial or prerecorded voice simulated or generated through AI technology can be made only with the prior express written consent of the called party. The FCC further clarified that the TCPA’s restrictions would apply despite the “presence of a live agent on the call” controlling the artificial or prerecorded voice “to make it appear as though that person is speaking on the call.”
As previously reported, Chairwoman Jessica Rosenworcel proposed this clarification to the scope of the TCPA on January 31, following the submission of reply comments supporting the change by the attorneys general of 25 states and the District of Columbia.
On January 24, 2024, the European Commission (“Commission”) announced that, following the political agreement reached in December 2023 on the EU AI Act (“AI Act”) (see our previous blog here), the Commission intends to proceed with a package of measures (“AI Innovation Strategy”) to support AI startups and small and medium-size enterprises (“SMEs”) in the EU.
Alongside these measures, the Commission also announced the creation of the European AI Office (“AI Office”), which is due to begin formal operations on February 21, 2024.
This blog post provides a high-level summary of these two announcements, in addition to some takeaways to bear in mind as we draw closer to the adoption of the AI Act.Continue Reading European Commission Announces New Package of AI Measures
On February 6, the Federal Communications Commission (“FCC”) announced that it had sent a letter to Lingo Telecom, LLC (“Lingo”) to demand that Lingo “immediately stop supporting unlawful robocall traffic on its networks.” As background, Lingo is a Texas-based telecommunications provider that, according to the FCC’s letter, was the originating provider for “deepfake” calls made by Life Corp. to New Hampshire voters on January 21, 2024. The calls, which imitated President Biden’s voice and falsified caller ID information, took place two days before the New Hampshire presidential primary and reportedly advised Democratic voters to refrain from voting in the primary.Continue Reading FCC Issues Cease-and-Desist Letter Regarding Robocalls Made Before New Hampshire Primary
The field of artificial intelligence (“AI”) is at a tipping point. Governments and industries are under increasing pressure to forecast and guide the evolution of a technology that promises to transform our economies and societies. In this series, our lawyers and advisors provide an overview of the policy approaches and regulatory frameworks for AI in jurisdictions around the world. Given the rapid pace of technological and policy developments in this area, the articles in this series should be viewed as snapshots in time, reflecting the current policy environment and priorities in each jurisdiction.Continue Reading Spotlight Series on Global AI Policy — Part III: China’s Policy Approach to Artificial Intelligence