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Jennifer Johnson

Jennifer Johnson is a partner specializing in communications, media and technology matters who serves as Co-Chair of Covington’s Technology Industry Group and its global and multi-disciplinary Artificial Intelligence (AI) and Internet of Things (IoT) Groups. She represents and advises technology companies, content distributors, television companies, trade associations, and other entities on a wide range of media and technology matters. Jennifer has three decades of experience advising clients in the communications, media and technology sectors, and has held leadership roles in these practices for more than twenty years. On technology issues, she collaborates with Covington's global, multi-disciplinary team to assist companies navigating the complex statutory and regulatory constructs surrounding this evolving area, including product counseling and technology transactions related to connected and autonomous vehicles, internet connected devices, artificial intelligence, smart ecosystems, and other IoT products and services. Jennifer serves on the Board of Editors of The Journal of Robotics, Artificial Intelligence & Law.

Jennifer assists clients in developing and pursuing strategic business and policy objectives before the Federal Communications Commission (FCC) and Congress and through transactions and other business arrangements. She regularly advises clients on FCC regulatory matters and advocates frequently before the FCC. Jennifer has extensive experience negotiating content acquisition and distribution agreements for media and technology companies, including program distribution agreements, network affiliation and other program rights agreements, and agreements providing for the aggregation and distribution of content on over-the-top app-based platforms. She also assists investment clients in structuring, evaluating, and pursuing potential investments in media and technology companies.

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Earlier this week, the Federal Communications Commission (“FCC”) adopted a Notice of Proposed Rulemaking (“NPRM”) that proposes to clarify existing definitions in the FCC’s foreign ownership rules and codify certain practices regarding the filing requirements for, and the agency’s processing of, foreign ownership petitions (Petitions for Declaratory Ruling, or “PDRs”).  These changes generally seek to provide filers with additional guidance when seeking FCC approval for complex foreign ownership structures and include several updates that, if adopted, would modify the standard filing practices for foreign ownership-related PDRs.

The FCC’s filing requirements for approval of foreign ownership in certain FCC licensees are nuanced and typically result in a challenging filing process, particularly when the proposed ownership structure of a licensee is complex.  The following is a high-level summary of the FCC’s current foreign ownership rules and filing requirements and what the NPRM proposes to change.Continue Reading FCC Proposes Changes to Foreign Ownership Rules and Related Filings Processes

This quarterly update highlights key legislative, regulatory, and litigation developments in the first quarter of 2025 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and cryptocurrencies and blockchain. 

I. Artificial Intelligence

A. Federal Legislative Developments

In the first quarter, members of Congress introduced several AI bills addressing national security, including bills that would encourage the use of AI for border security and drug enforcement purposes.  Other AI legislative proposes focused on workforce skills, international investment in critical industries, U.S. AI supply chain resilience, and AI-enabled fraud.  Notably, members of Congress from both parties advanced legislation to regulate AI deepfakes and codify the National AI Research Resource, as discussed below.

  • CREATE AI Act:  In March, Reps. Jay Obernolte (R-CA) and Don Beyer (D-VA) re-introduced the Creating Resources for Every American To Experiment with Artificial Intelligence (“CREATE AI”) Act (H.R. 2385), following its introduction and near passage in the Senate last year.  The CREATE AI Act would codify the National AI Research Resource (“NAIRR”), with the goal of advancing AI development and innovation by offering AI computational resources, common datasets and repositories, educational tools and services, and AI testbeds to individuals, private entities, and federal agencies.  The CREATE AI Act builds on the work of the NAIRR Task Force, established by the National AI Initiative Act of 2020, which issued a final report in January 2023 recommending the establishment of NAIRR.

Continue Reading U.S. Tech Legislative & Regulatory Update – First Quarter 2025

On March 18, the Joint California Policy Working Group on AI Frontier Models (the “Working Group”) released its draft report on the regulation of foundation models, with the aim of providing an “evidence-based foundation for AI policy decisions” in California that “ensure[s] these powerful technologies benefit society globally while reasonably managing emerging risks.”  The Working Group was established by California Governor Gavin Newsom (D) in September 2024, following his veto of California State Senator Scott Wiener (D-San Francisco)’s Safe & Secure Innovation for Frontier AI Models Act (SB 1047).  The Working Group builds on California’s partnership with Stanford University and the University of California, Berkeley, established by Governor Newsom’s 2023 Executive Order on generative AI.

Noting that “foundation model capabilities have rapidly improved” since the veto of SB 1047 and that California’s “unique opportunity” to shape AI governance “may not remain open indefinitely,” the report assesses transparency, third-party risk assessment, and adverse event reporting requirements as key components for foundation model regulation.Continue Reading California Frontier AI Working Group Issues Report on Foundation Model Regulation

State lawmakers are considering a diverse array of AI legislation, with hundreds of bills introduced in 2025.  As described further in this blog post, many of these AI legislative proposals fall into several key categories: (1) comprehensive consumer protection legislation similar to the Colorado AI Act, (2) sector-specific legislation on automated decision-making, (3) chatbot regulation, (4) generative AI transparency requirements, (5) AI data center and energy usage requirements, and (6) frontier model public safety legislation.  Although these categories represent just a subset of current AI legislative activity, they illustrate the major priorities of state legislatures and highlight new AI laws that may be on the horizon.Continue Reading State Legislatures Consider New Wave of 2025 AI Legislation

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

On February 6, the White House Office of Science & Technology Policy (“OSTP”) and National Science Foundation (“NSF”) issued a Request for Information (“RFI”) seeking public input on the “Development of an Artificial Intelligence Action Plan.”  The RFI marks a first step toward the implementation of the Trump Administration’s January 23 Executive Order 14179, “Removing Barriers to American Leadership in Artificial Intelligence” (the “EO”).  Specifically, the EO directs Assistant to the President for Science & Technology (and OSTP Director nominee) Michael Kratsios, White House AI & Crypto Czar David Sacks, and National Security Advisor Michael Waltz to “develop and submit to the President an action plan” to achieve the EO’s policy of “sustain[ing] and enhance[ing] America’s global AI dominance” to “promote human flourishing, economic competitiveness, and national security.” Continue Reading Trump Administration Seeks Public Comment on AI Action Plan

Updated December 12, 2024. Originally Posted December 10, 2024.

On December 4, 2024, the Federal Communications Commission (the “Commission”) announced that it had selected UL Solutions to serve as the Lead Administrator for its Internet of Things Cybersecurity Labeling Program (the “IoT Labeling Program”).  The Commission also conditionally approved UL Solutions as a Cybersecurity…

Continue Reading FCC Takes Next Steps Towards U.S. Cyber Trust Mark

On November 20, 2024, the Federal Communications Commission (the “Commission”) issued a Second Report and Order in which it adopted rules (“the Order”) to facilitate the transition to from Dedicated Short Range Communications (“DSRC”) technology to Cellular-Vehicle-to-Everything (“C-V2X”) technology for the Intelligent Transportation System (“ITS” also referred to as the “connected vehicle ecosystem”).  Notably, the Order was adopted by a unanimous, bipartisan vote.  In a press release, the Commission said that the Order will “accelerate the automotive industry and federal government plans for transitioning from dated technology to the more advanced C-V2X automobile safety technology.”

The Order follows a 2020 Order in which the Commission retained the upper 30 megahertz of the 5.9 GHz band for ITS operations and required the ITS service to transition from DSRC-based technology to C-V2X-based technology.  The Order expands on that transition by addressing the transition timeline, communications prioritization, channel bandwidth, communication zones, C-V2X standards, and additional matters.Continue Reading FCC Adopts Rules Facilitating the Transition to C-V2X Technology for the Connected Vehicle Ecosystem

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

On October 22, the National Institute of Standards and Technology (“NIST”) Internet of Things (“IoT”) Advisory Board released the Internet of Things Advisory Board Report, which concludes that IoT development has progressed more slowly than anticipated and identifies 26 findings that explain the slower pace of development and growth.  The Report offers 104 recommendations on how the government can help foster IoT development.  The Advisory Board provided this report to the IoT Federal Working Group emphasizing that an IoT transformation will boost U.S. economic growth, increase public safety and national resilience, create a more sustainable planet, individualize healthcare, foster equitable quality of life and well-being, and facilitate autonomous operations of our national infrastructure.  For background, the IoT Federal Working Group was established by Congress in 2020 and was charged with identifying policies and statutes inhibiting IoT development and consider recommendations of the Advisory Board. Continue Reading NIST Report and Recommendations on Fostering Development of the Internet of Things