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Andrew Longhi

Andrew Longhi is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity and Technology and Communications Regulation Practice Groups.

Andrew advises clients on a broad range of privacy and cybersecurity issues, including compliance obligations, commercial transactions involving personal information and cybersecurity risk, and responses to regulatory inquiries.

Andrew is Admitted to the Bar under DC App. R. 46-A (Emergency Examination Waiver); Practice Supervised by DC Bar members.

This quarterly update highlights key legislative, regulatory, and litigation developments in the first quarter of 2024 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and data privacy and cybersecurity.  As noted below, some of these developments provide industry with the opportunity for participation and comment.Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – First Quarter 2024

On March 25, 2024, Maine Governor Janet Mills signed into law LD 2234, which amends the state’s telephone solicitation statute to prohibit telephone solicitors from “fail[ing] to use the reassigned numbers database to verify that a consumer’s telephone number has not been reassigned prior to initiating a telephone sales call to that consumer.”  The bill defines “reassigned numbers database” as the “database created and maintained by the Federal Communications Commission that identifies whether a telephone number has been reassigned.”Continue Reading Maine Enacts New Telemarketing Law Requiring Use of FCC Reassigned Numbers Database

On March 7, 2024, the Federal Trade Commission (“FTC”) announced amendments to its Telemarketing Sales Rule (“TSR”) to apply certain of its provisions to business-to-business telemarketing calls, and to broaden its recordkeeping requirements.  The FTC also announced a notice of proposed rulemaking (“NPRM”) that would further extend the TSR to cover inbound telemarketing calls involving technical support services. Continue Reading FTC Amends its Telemarketing Sales Rule; Proposes Additional Changes

Last month, the Federal Trade Commission (“FTC”) finalized a new rule prohibiting the impersonation of government and business entities.  That same day, the FTC sought comment on a supplemental notice of proposed rulemaking (“SNPRM”) to expand the rule to prohibit the impersonation of individuals and to extend liability to parties who provide the means and instrumentalities to create unlawful impersonations.  The FTC cited concerns about AI-generated deepfakes as its rationale for these actions.  FTC Chair Lina Khan stated that the proposed expansions would strengthen “the FTC’s toolkit to address AI-enabled scams impersonating individuals.”Continue Reading The FTC Prohibits AI-Generated Impersonation Fraud

On March 14, the Federal Communications Commission (“FCC”) is expected to approve a Report and Order (“R&O”) that would create a voluntary cybersecurity labeling program for Internet of Things (“IoT”) devices.  As previewed in the Notice of Proposed Rulemaking (“NPRM”) released last August, which we covered here, this IoT Labeling Program would “provide consumers with an easy-to-understand and quickly recognizable FCC IoT Label that includes the U.S. government certification mark (referred to as the Cyber Trust Mark).”  

The R&O explains that the IoT Labeling Program would “help consumers make informed purchasing decisions, differentiate trustworthy products in the marketplace, and create incentives for manufacturers to meet higher cybersecurity standards.”  It provides details about the program and how manufacturers can seek authority to use the FCC IoT Label:Continue Reading FCC Planning to Move Forward with Voluntary IoT Labeling Program

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 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

Continue Reading FCC Confirms TCPA “Artificial or Prerecorded Voice” Restrictions Apply to AI Technologies that Generate Human Voices

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

This blog post summarizes recent telemarketing developments emerging at the federal level and from Missouri, Wisconsin and West Virginia.

Federal Legislation

On January 29, 2024, Congressman Frank Pallone (D-NJ), Ranking Member of the U.S. House Energy and Commerce Committee, introduced H.R. 7116, the “Do Not Disturb Act.”  A press release accompanying the bill’s introduction stated that Congressman Pallone introduced the bill “to protect consumers from the bombardment of dangerous and unwanted calls and texts that have been exacerbated by the Supreme Court’s decision in Facebook, Inc. v. Duguid . . .”  If enacted, the bill would, among other things, do the following:Continue Reading Federal and State Telemarketing Legislative Updates

On January 12, 2024, California state Assembly member Marc Berman introduced a bill that would impose criminal penalties for the creation, distribution, and possession of child sexual abuse material (CSAM) created using artificial intelligence (AI).  The bill would expand California’s definition of “obscene matter” to include “representations of real or fictitious persons generated through the

Continue Reading Bill Criminalizing AI-Generated CSAM Introduced in California State Assembly