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

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.
FCC Takes Next Steps Towards U.S. Cyber Trust Mark
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 MarkFCC Adopts Rules Facilitating the Transition to C-V2X Technology for the Connected Vehicle Ecosystem
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
U.S. Tech Legislative, Regulatory & Litigation Update – Third Quarter 2024
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 2024NIST Report and Recommendations on Fostering Development of the Internet of Things
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
FCC Opens Applications for IoT Cybersecurity Labeling Roles
On September 11, 2024, the Federal Communications Commission (the “Commission”) opened the application window for entities seeking designation by the Commission as a Cybersecurity Labeling Administrator (“CLA”) and Lead Administrator. These roles will help administer the Commission’s voluntary Internet of Things (“IoT”) cybersecurity labeling program, covered in previous blog posts from August and March of…
Continue Reading FCC Opens Applications for IoT Cybersecurity Labeling RolesFCC Adopts Initial Rules for Drone Operations
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
USDOT Releases Plan to Accelerate V2X Deployment
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
FCC Adopts Order Establishing Voluntary IoT Labeling Program
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
U.S. Tech Legislative, Regulatory & Litigation Update – Second Quarter 2024
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