On August 25, 2023, the Federal Communications Commission (“FCC”) adopted an Order on Reconsideration (“Reconsideration Order”) that addressed three petitions requesting that the agency reconsider its broadband label requirements. Among other things, the FCC affirmed its requirement that broadband Internet service providers (“ISPs”) display on the label all monthly fees with respect to the service.
FCC Proposes Voluntary Cybersecurity Labeling Program for Smart Devices
On August 10, the Federal Communications Commission (“FCC”) released a Notice of Proposed Rulemaking (“NPRM”) concerning the creation of a “voluntary cybersecurity labeling program that would provide easily understood, accessible information to consumers on the relative security of an IoT device or product, and assure consumers that manufacturers of devices bearing the Commission’s IoT cybersecurity label adhere to widely accepted cybersecurity standards.” The NPRM reflects the proposal previewed in Chairwoman Jessica Rosenworcel’s announcement last month, which we covered here.
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FCC Chairwoman Rosenworcel Announces Proposed Voluntary Cybersecurity Labeling Program for Smart Devices
On July 18, 2023, Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel announced that she has circulated a proposal to the FCC’s commissioners to create “a voluntary cybersecurity labeling program that would provide consumers with clear information about the security of their Internet-enabled devices.”
Oregon Legislature Passes Update to State Telemarketing Law
In late June, the Oregon Legislature passed HB 2759, which would amend the state’s existing “do not call” law. The bill currently is awaiting action by the governor.
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Biden Administration Presses Forward with $42.5 Billion Broadband Program
On June 26, 2023, the National Telecommunications and Information Administration (“NTIA”) announced how it has allocated funding from the $42.45 billion Broadband Equity, Access, and Deployment (“BEAD”) program to all U.S. States, the District of Columbia, and five territories to deploy affordable, reliable high-speed Internet service. Marking the occasion in a White House ceremony, President Biden declared that this investment will “connect everyone in America to [affordable] high-speed Internet. . . by 2030.”
By way of background, the Infrastructure Investment and Jobs Act (“IIJA”) became law in 2021 and directed NTIA to oversee distribution of the single greatest public investment in broadband in U.S. history. The cornerstone of that investment is the BEAD program, which we detailed here. In 2022, the NTIA released its Notice of Funding Opportunity (“NOFO”) for the BEAD program, marking the beginning of the program’s implementation, which we detailed here.
According to U.S. Secretary of Commerce Gina Raimondo, the announced investments will increase competitiveness and spur economic growth by “connecting people to the digital economy, manufacturing fiber-optic cable in America, or creating good paying jobs building Internet infrastructure in the states.” The NTIA announcement states that BEAD funding will be used to “deploy or upgrade broadband networks to ensure that everyone has access to reliable, affordable, high-speed Internet service.” After meeting deployment goals, any remaining funds “can be used to pursue eligible access-, adoption-, and equity-related uses.”
The BEAD program is different from past federal broadband investments in that it will be administered by the States, D.C., and the five territories (each referred to as an “Eligible Entity”), with each jurisdiction running its own competitive process for determining the specific projects to be funded. Under the IIJA, each Eligible Entity will have until the end of this year to submit an “initial proposal,” which will be a detailed roadmap explaining how they intend to run their grant programs in a manner consistent with the requirements of the IIJA and NTIA’s NOFO. After approval of this initial proposal, an Eligible Entity can request access to at least 20 percent of its allocated funds.
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FCC Proposes “All-In” Pricing Rules for Cable/Satellite TV
On June 20, 2023, the Federal Communications Commission (“FCC”) released a Notice of Proposed Rulemaking (“NPRM”) to require cable operators and direct broadcast satellite (“DBS”) providers to display an “all-in” price for their video programming services in their billing and marketing materials. The White House issued a press release that same day expressing its support for the proposed new rules, noting that the proposal is consistent with the Administration’s efforts “to crack down on junk fees in order to increase transparency.”
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FCC and NSF Announce Workshop on Artificial Intelligence
The Federal Communications Commission and National Science Foundation announced this week that they will co-host a workshop on July 13, 2023, entitled “The Opportunities and Challenges of Artificial Intelligence for Communications Networks and Consumers.”
Per the press release, the workshop will cover a number of issues, including “AI’s transformative potential to optimize network traffic; improve
White House Announces New Efforts to Advance Responsible AI Practices
On May 23, 2023, the White House announced that it took the following steps to further advance responsible Artificial Intelligence (“AI”) practices in the U.S.:
- the Office of Science and Technology Policy (“OSTP”) released an updated strategic plan that focuses on federal investments in AI research and development (“R&D”);
- OSTP issued a new request for information (“RFI”) on critical AI issues; and
- the Department of Education issued a new report on risks and opportunities related to AI in education.
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U.S. AI and IoT Legislative Update – Year-End 2021
As 2021 comes to a close, we will be sharing the key legislative and regulatory updates for artificial intelligence (“AI”), the Internet of Things (“IoT”), connected and automated vehicles (“CAVs”), and privacy this month. Lawmakers introduced a range of proposals to regulate AI, IoT, CAVs, and privacy as well as appropriate funds to study developments in these emerging spaces. In addition, from developing a consumer labeling program for IoT devices to requiring the manufacturers and operators of CAVs to report crashes, federal agencies have promulgated new rules and issued guidance to promote consumer awareness and safety. We are providing this year-end round up in four parts. In this post, we detail IoT updates in Congress, the states, and federal agencies.
Continue Reading U.S. AI and IoT Legislative Update – Year-End 2021
U.S. AI and IoT Legislative Update – Year-End 2021
As 2021 comes to a close, we will be sharing the key legislative and regulatory updates for artificial intelligence (“AI”), the Internet of Things (“IoT”), connected and automated vehicles (“CAVs”), and privacy this month. Lawmakers introduced a range of proposals to regulate AI, IoT, CAVs, and privacy as well as appropriate funds to study developments in these emerging spaces. In addition, from developing a consumer labeling program for IoT devices to requiring the manufacturers and operators of CAVs to report crashes, federal agencies have promulgated new rules and issued guidance to promote consumer awareness and safety. We are providing this year-end round up in four parts. In this post, we detail CAV updates in Congress and federal agencies.
Continue Reading U.S. AI and IoT Legislative Update – Year-End 2021