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Conor Kane

Conor Kane advises clients on a broad range of privacy, artificial intelligence, telecommunications, and emerging technology matters. He assists clients with complying with state privacy laws, developing AI governance structures, and engaging with the Federal Communications Commission.

Before joining Covington, Conor worked in digital advertising helping teams develop large consumer data collection and analytics platforms. He uses this experience to advise clients on matters related to digital advertising and advertising technology.

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On August 29, 2024, the Federal Communications Commission (the “Commission”) adopted rules (the “Order”) enabling licensed initial drone operations in the 5 GHz spectrum band, allowing for reliable and protected wireless communications necessary for controlling “uncrewed aircraft systems” (“UAS”). The Order is an initial step in the Commission’s phased approach to developing licenses and service rules for UAS operations.

In a press release accompanying the Order, Chairwoman Jessica Rosenworcel said “We are already starting to live in the future we’ve long imagined: uncrewed aircraft systems are fighting wildfires, supporting news gathering, delivering packages, and supporting national security…The FCC is working hard to meet the spectrum needs of remote-piloted aircraft activity. We will continue to work with our public and private partners to support the best outcomes for public safety, wireless services, consumers, and our economy.”Continue Reading FCC Adopts Initial Rules for Drone Operations

On August 16, 2024, the U.S. Department of Transportation (the “USDOT”) announced the Saving Lives with Connectivity: A Plan to Accelerate V2X Deployment plan (the “Plan”). The Plan is intended to “accelerate the deployment” of vehicle-to-everything (“V2X”) technology and support USDOT’s goal of establishing a comprehensive approach to roadway fatality reduction. The Plan states that USDOT is “pursuing a comprehensive approach to reduce the number of roadway fatalities to the only acceptable number: zero.”

The Plan describes V2X technology as technology that “enables vehicles to communicate with each other, with road users such as pedestrians, cyclists, individuals with disabilities, and other vulnerable road users, and with roadside infrastructure, through wirelessly exchanged messages.” Such messages may contain information about vehicles’ location and actions and traffic conditions like weather, pavement conditions, work zones, and more. The Plan notes that currently deployed V2X technology has already demonstrated safety benefits on a small scale and calls for expanded deployment of such technology.

In a press release accompanying the Plan, U.S. Secretary of Transportation Pete Buttigieg said, “The Department has reached a key milestone today in laying out a national plan for the transportation industry that has the power to save lives and transform the way we travel … The Department recognizes the potential safety benefits of V2X, and this plan will move us closer to nationwide adoption of this technology.”Continue Reading USDOT Releases Plan to Accelerate V2X Deployment

On July 30, 2024, the Federal Register published the Federal Communications Commission (the “FCC”) Report and Order (the “Order”) creating a voluntary cybersecurity labeling program for Internet of Things (“IoT”) devices.  As reported in our blog post issued shortly before the Order was approved on March 14, 2024, this program is intended to “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 U.S. Cyber Trust Mark).”  While there are several steps remaining to fully establish the program, this Order represents a significant milestone in policymakers’ efforts to launch a federal cybersecurity labeling program for internet connected devices.Continue Reading FCC Adopts Order Establishing Voluntary IoT Labeling Program

On April 2, 2024, the FCC released a Report and Order (the “Order”) and Further Notice of Proposed Rulemaking (the “Further Notice”) approving a rule change on a bipartisan, unanimous basis to allow radio broadcasters to use FM boosters to direct hyper-local programming for a portion of each hour at specific geographic areas rather than to do what radio stations have done for a century, which is sending the same broadcast stream over the entire market.  Prior to the rule change, radio stations could only use FM boosters to retransmit the main signal to areas not well covered by the primary antenna. Continue Reading FCC Approves Rule Change Revolutionizing Radio Industry

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 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

In late December 2023, the Federal Communications Commission (“FCC”) published a Report and Order (“Order”) expanding the scope of the data breach notification rules (“Rules”) applicable to telecommunications carriers and interconnected VoIP (“iVoIP”) providers.  The Order makes several notable changes to the prior rules, including broadening the definitions of a reportable “breach” and “covered data,” requiring covered entities to notify the FCC in addition to federal law enforcement of breaches, and modifying certain customer notification requirements.  The Rules are expected to become effective sometime in 2024, after they are reviewed by the Office of Management and Budget and the FCC’s Wireline Competition Bureau (“Bureau”) announces the effective dates by subsequent public notice.Continue Reading The FCC Expands Scope of Data Breach Notification Rules

On November 16, 2023, the Federal Trade Commission (the “FTC”) announced a competition seeking solutions to protect consumers from voice cloning technology harms. Voice cloning technology can create a nearly identical clone of someone’s voice based on a short audio clip and is becoming more sophisticated as text-to-speech AI advances. The FTC cited concerns about…

Continue Reading FTC Announces Voice Cloning Challenge

On October 4, 2023, the Federal Trade Commission (“FTC”) hosted a virtual roundtable discussion on the “Creative Economy and Generative AI.” This event included speakers from the FTC, including Chair Lina Khan, and panelists representing various creative industries, including authors, voice actors, models, and visual artists. Although the panelists expressed concern about Generative AI’s (“GenAI”) potential impact on creative industries, many also expressed optimism that GenAI could augment, rather than replace, human creativity.Continue Reading FTC Holds Roundtable Discussion on the “Creative Economy and Generative AI”

Last week, the Federal Communications Commission (“FCC”) issued new guidance and adopted new rules intended to expedite the processing of satellite and earth station license applications.  In a corresponding move, the agency adopted a Further Notice of Proposed Rulemaking (“FNPRM”) seeking comment on additional policy changes concerning satellite and earth station licensing.  These actions, which are part of the FCC’s new Space Innovation agenda, highlight the agency’s ongoing commitment to increasing its role in the regulation of a growing commercial space economy. This latest space-related FCC action consists of two parts: (1) a Report and Order (“R&O”) issuing new guidance and adopting new rules concerning the Space Bureau’s processing of satellite and earth station license applications, and (2) an FNPRM proposing further policy changes. 

This latest space-related FCC action consists of two parts: (1) a Report and Order (“R&O”) issuing new guidance and adopting new rules concerning the Space Bureau’s processing of satellite and earth station license applications, and (2) an FNPRM proposing further policy changes. Continue Reading FCC Takes Action to Expedite Satellite Licensing as Part of Agency’s Space Innovation Agenda