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Andrew Longhi

Andrew Longhi advises national and multinational companies across industries on a wide range of regulatory, compliance, and enforcement matters involving data privacy, telecommunications, and emerging technologies.

Andrew's practice focuses on advising clients on how to navigate the rapidly evolving legal landscape of state, federal, and international data protection laws. He proactively counsels clients on the substantive requirements introduced by new laws and shifting enforcement priorities. In particular, Andrew routinely supports clients in their efforts to launch new products and services that implicate the laws governing the use of data, connected devices, biometrics, and telephone and email marketing.

Andrew assesses privacy and cybersecurity risk as a part of diligence in complex corporate transactions where personal data is a key asset or data processing issues are otherwise material. He also provides guidance on generative AI issues, including privacy, Section 230, age-gating, product liability, and litigation risk, and has drafted standards and guidelines for large-language machine-learning models to follow. Andrew focuses on providing risk-based guidance that can keep pace with evolving legal frameworks.

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At an Open Meeting last week, the Federal Communications Commission (FCC)  unanimously adopted a Further Notice of Proposed Rulemaking (FNPRM) that proposes to permit more intensive and efficient use of the 12.7 GHz and 42 GHz bands by satellite communications, either as an alternative or complement to terrestrial wireless.  Chairman Carr emphasized that, if adopted, the Proposed Rule would make 20,000 megahertz of spectrum available for satellite-based services, which Chairman Carr characterized as a necessary step for U.S. leadership in spectrum and a clear sign to China.  Carr stated that the additional spectrum, in conjunction with other actions the FCC is taking across multiple spectrum bands, would protect American technological leadership.

The FNPRM builds upon the FCC’s recent requests for comments on providing increased access to spectrum for terrestrial wireless services.  This FNPRM expands upon that record to contemplate authorizing satellite communications in the 12.7 GHz and 42 GHz bands and seeks comment on the feasibility of allowing satellite communications in those bands in both the Earth-to-space and space-to-Earth directions.Continue Reading FCC Seeks Comment on Opening Up Spectrum for Satellite Broadband

Late last month, the Federal Trade Center (“FTC”) announced that it reached a settlement with a company called Workado to resolve allegations that it made false or misleading representations about the efficacy of its “AI Content Detector” product in violation of Section 5 of the FTC Act.

According to the FTC’s complaint, Workado advertised its AI Content Detector as trained on a number of mediums, including blog posts, Wikipedia entries, and AI-generated text, when it fact it was trained only on academic abstracts and content generated by ChatGPT and was not adequately fine-tuned or tested.  The complaint alleges that, based on independent testing, the AI Content Detector is less accurate than Workado advertised and is accurate only around half the time when evaluating non-academic AI-generated content.Continue Reading AI Content Detection Company Settles FTC Allegations of Misrepresentations

On March 12, the U.S. Senate Committee on Commerce, Science, and Transportation advanced two nominations key to the Trump Administration’s technology policy: Mark Meador as a Commissioner for the Federal Trade Commission (“FTC”), and Michael Kratsios as Director of the White House Office of Science and Technology Policy (“OSTP”).  Both nominees previously had their nomination hearings in front of the Committee on February 25, described below.

Mark Meador

Meador started his career in the healthcare division of the FTC.  In his opening statement, he discussed the importance of the FTC in protecting consumers and free market competition. He specifically referenced the need to protect children in the digital environment and stated that the FTC should use its consumer protection powers to safeguard families.

During the nomination hearing, Meador faced questions about consumer protection enforcement mechanisms, “Big Tech” regulation, pharmacracy benefit managers (“PBMs”), antitrust concerns, and the agency’s direction under the new administration.Continue Reading Senate Commerce Committee Questions Trump Tech Nominees

On March 12, 2025, the Federal Communications Commission (FCC) issued a Public Notice to announce it is seeking comment on whether any FCC rules, regulations or guidance documents should be removed due to the stated purpose of “alleviating unnecessary regulatory burdens.”  The FCC opened the new “In Re: Delete, Delete, Delete” docket, GN Docket No. 25-133, to receive filings from interested parties.

This action follows a number of recent actions by the Trump Administration focused on deregulation, such as the “Executive Order on Implementing the President’s Department of Government Efficiency Cost Efficiency Initiative,” which established new restrictions on the federal contracting process.

The Public Notice requests that commenters consider the following policy factors when responding:

  • Cost-benefit considerations – what cost-benefit analysis should be undertaken by the Commission in determining whether the cost of a particular regulation exceeds the benefit it brings to society.   
  • Experience gained from the implementation of the rule – whether the application of a given rule, either as currently interpreted or otherwise, reasonably supports the conclusion that the rule is “unnecessary or inappropriate.”

Continue Reading FCC Announces “In Re: Delete, Delete, Delete” Docket in Support of Deregulatory Agenda

Recent reports suggest that the Federal Communications Commission (FCC) may be considering issuing an advisory opinion on Section 230 of the Communications Act.  Section 230, among other things, provides immunity to a provider of an “interactive computer service” from civil liability for third-party content posted on the provider’s site.  An advisory opinion could potentially play…

Continue Reading FCC Reportedly Considering Advisory Opinion on Section 230

Yesterday, the Trump Administration issued an Executive Order titled “Ensuring Accountability for All Agencies” (the EO).  The EO asserts Presidential authority over independent agencies, including the Federal Trade Commission (FTC), Federal Communications Commission (FCC), and Securities and Exchange Commission (SEC).  While the precise impacts remain to be seen, overall the EO will likely result in greater involvement by the White House in policymaking at independent agencies, both in substance and process.

OIRA Review of Agency Regulations.  The EO amends the Clinton Administration-era Executive Order 12866, which established a review process for regulations promulgated by executive branch departments and agencies but excluded independent agencies from that process.  The process includes requirements that departments and agencies submit “significant regulatory actions” to the Office of Information and Regulatory Affairs (OIRA) for review before publication in the Federal Register.  Executive Order 12866 defines “significant regulatory action” to mean “any regulatory action that is likely to result in a rule that may:”Continue Reading Trump Administration Asserts Presidential Authority Over Independent Agencies

Yesterday, the Federal Communications Commission (FCC) released the agenda for its February Open Meeting, which is scheduled for February 27, 2025.  This is the first agenda released by the FCC under new Chairman Brendan Carr.  The agenda items on which the commissioners will vote at the meeting will include the following:

  • A Notice of Proposed Rulemaking seeking input on proposed updates to 10-year-old service specific AWS-3 bidding rules to fulfill the agency’s “statutory obligation to initiate an auction of licenses for the AWS-3 spectrum in the Commission’s inventory by June 23, 2026.”  Proceeds from the auction will support the program that reimburses advanced communications service providers for the cost of removing and replacing Huawei Technologies or ZTE Corporation equipment and services in their networks.
  • A Notice of Inquiry seeking comment on the potential for freeing up additional mid-band spectrum in the Upper C-band for new services, including whether authorization and transition mechanisms similar to those used in the successful 3.7 GHz Service transition could be applied.  The NOI will solicit comments on the parameters for new opportunities in the Upper C-band, the potential need for amending the U.S. Table, and the current and future needs of existing operators while considering the impact on aviation radio altimeters.  It also will invite detailed proposals on transition mechanics and structure, and requests technical and economic data on the costs and benefits of authorizing new services in the Upper C-band.

Continue Reading FCC to Tackle Robust Agenda at February Open Meeting

On January 20, 2025, the Trump Administration released a memorandum, “Regulatory Freeze Pending Review,” to halt agency rulemaking processes (the “EO”).

The EO orders all executive departments and agencies to “not propose or issue any rule in any manner, including by sending a rule to the Office of the Federal Register (the ‘OFR’), until a…

Continue Reading Trump Administration Releases “Regulatory Freeze Pending Review” Executive Order

On January 3, 2025, the Federal Trade Commission (“FTC”) announced that it reached a settlement with accessiBe, a provider of AI-powered web accessibility software, to resolve allegations that the company violated Section 5 of the FTC Act concerning the marketing and stated efficacy of its software. Continue Reading AI Accessibility Software Provider Settles FTC Allegations

On January 2, 2025, the U.S. Court of Appeals for the Sixth Circuit struck down the FCC’s Safeguarding and Securing the Open Internet Order, which had attempted to reclassify broadband access as a regulated “telecommunications service” and adopted net neutrality regulations.  As we previously covered here, a different panel of the Sixth Circuit had previously stayed that Order pending outcome of the litigation against it.   The decision means that the FCC will not generally have a direct role in regulating at-home or mobile broadband service, absent action by Congress.

The three-judge panel held that broadband internet service providers offer only an “information service” as that key term is defined by the Communications Act, “and therefore, the FCC lacks the statutory authority to impose its desired net-neutrality policies through the ‘telecommunications service’ provision” under Title II.  In a related finding, the Sixth Circuit found that mobile broadband is a “private” mobile offering and thus it too cannot be regulated as a common carrier offering such that it can “then similarly impose net-neutrality restrictions on those services.”Continue Reading Sixth Circuit Strikes Down FCC Net Neutrality Rules