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Jemie Fofanah

Jemie Fofanah is an associate in the firm’s Washington, DC office. She is a member of the Privacy and Cybersecurity Practice Group and the Technology and Communication Regulatory Practice Group. She also maintains an active pro bono practice with a focus on criminal defense and family law.

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This quarterly update highlights key legislative, regulatory, and litigation developments in the third quarter of 2024 related to artificial intelligence (“AI”) and connected and automated vehicles (“CAVs”).  As noted below, some of these developments provide industry with the opportunity for participation and comment.

I.     Artificial Intelligence

Federal Legislative Developments

There continued to be strong bipartisan…

Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – Third Quarter 2024

Updated September 12, 2024. Originally posted August 7, 2024.

On Wednesday, August 7, the Federal Communications Commission (FCC) approved a Notice of Proposed Rulemaking (NPRM) that would amend its rules under the Telephone Consumer Protection Act (TCPA) to incorporate new consent and disclosure requirements for the transmission of AI-generated calls and texts. The NPRM builds off the FCC’s recent Notice of Inquiry (NOI) on the effect of AI on illegal robocalls and texts, which we previously discussed here.

The NPRM seeks comment on new rules that would require a sender to clearly and conspicuously specify in its consent form that the consent extends to AI-generated calls and texts and secure the consumer’s consent for such calls and texts before they could be transmitted. The proposal also would require a sender of AI-generated content to, at the beginning of the call or text, clearly disclose to the called party that AI-generated technology is being used.Continue Reading FCC Proposes New Consent and Disclosure Rules for AI-Generated Calls and Texts

This quarterly update highlights key legislative, regulatory, and litigation developments in the second quarter of 2024 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and data privacy and cybersecurity. 

I.       Artificial Intelligence

Federal Legislative Developments

  • Impact Assessments: The American Privacy Rights Act of 2024 (H.R. 8818, hereinafter “APRA”) was formally introduced in the House by Representative Cathy McMorris Rodgers (R-WA) on June 25, 2024.  Notably, while previous drafts of the APRA, including the May 21 revised draft, would have required algorithm impact assessments, the introduced version no longer has the “Civil Rights and Algorithms” section that contained these requirements.
  • Disclosures: In April, Representative Adam Schiff (D-CA) introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913).  The Act would require persons that create a training dataset that is used to build a generative AI system to provide notice to the Register of Copyrights containing a “sufficiently detailed summary” of any copyrighted works used in the training dataset and the URL for such training dataset, if the dataset is publicly available.  The Act would require the Register to issue regulations to implement the notice requirements and to maintain a publicly available online database that contains each notice filed.
  • Public Awareness and Toolkits: Certain legislative proposals focused on increasing public awareness of AI and its benefits and risks.  For example, Senator Todd Young (R-IN) introduced the Artificial Intelligence Public Awareness and Education Campaign Act (S. 4596), which would require the Secretary of Commerce, in coordination with other agencies, to carry out a public awareness campaign that provides information regarding the benefits and risks of AI in the daily lives of individuals.  Senator Edward Markey (D-MA) introduced the Social Media and AI Resiliency Toolkits in Schools Act (S. 4614), which would require the Department of Education and the federal Department of Health and Human Services to develop toolkits to inform students, educators, parents, and others on how AI and social media may impact student mental health.

Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – Second Quarter 2024

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 January 24, 2024, the U.S. National Science Foundation (“NSF”) announced the launch of the National Artificial Intelligence Research Resource (“NAIRR”) pilot, a two-year initiative to develop a shared national research infrastructure for responsible AI discovery and innovation. The launch makes progress on a goal in President Biden’s recent Executive Order on AI safety and…

Continue Reading National Science Foundation Launches the National Artificial Intelligence Research Resource Pilot

This quarterly update highlights key legislative, regulatory, and litigation developments in the fourth quarter of 2023 and early January 2024 related to technology issues.  These included developments related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), data privacy, and cybersecurity.  As noted below, some of these developments provide companies with the opportunity for participation and comment.Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – Fourth Quarter 2023

This quarterly update summarizes key legislative and regulatory developments in the third quarter of 2023 related to key technologies and related topics, including Artificial Intelligence (“AI”), connected and automated vehicles (“CAVs”), and data privacy and cybersecurity.Continue Reading U.S. Tech Legislative & Regulatory Update – Third Quarter 2023

Last week, FCC Chairwoman Jessica Rosenworcel announced the creation of a new Privacy and Data Protection Task Force (the “Task Force”) to demonstrate the agency’s commitment to protecting consumer data and ensuring that the telecommunications industry remains secure from threat actors.

The Task Force will be led by Enforcement Bureau Chief Loyaan Egal and include…

Continue Reading FCC Announces Creation of Privacy and Data Protection Task Force

On May 25, 2023, the National Telecommunications and Information Administration (NTIA) announced that, on behalf of the U.S. government, it filed responses to the European Commission’s public consultation on The Future of the Electronic Communications Sector and Its Infrastructure.  The consultation explores the issue of how to best promote connectivity and ensure reliable broadband access throughout the EU, as well as the kinds of infrastructure and investments needed to support the evolving telecommunications landscape.  Among other things, the consultation seeks feedback on whether content and application providers (also referred to as Over-The-Top (OTT) services in the U.S.) should make mandated “fair share” payments to telecom operators to subsidize current and future connectivity needs.  NTIA’s filing comes amid an ongoing debate surrounding the future of the U.S. Universal Service Fund (USF) and whether and how to expand its contribution base.Continue Reading Biden Administration Weighs in on European Commission’s “Fair Share” Telecoms Consultation

On May 1, 2023, the White House Office of Science and Technology Policy (“OSTP”) announced that it will release a Request for Information (“RFI”) to learn more about automated tools used by employers to “surveil, monitor, evaluate, and manage workers.”  The White House will use the insights gained from the RFI to create policy and best practices surrounding the use of AI in the workplace.Continue Reading White House Issues Request for Comment on Use of Automated Tools with the Workforce