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
Jorge Ortiz is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity and the Technology and Communications Regulation Practice Groups.
Jorge advises clients on a broad range of privacy and cybersecurity issues, including topics related to privacy policies and compliance obligations under U.S. state privacy regulations like the California Consumer Privacy Act.
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 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
Ahead of its December 8 board meeting, the California Privacy Protection Agency (CPPA) has issued draft “automated decisionmaking technology” (ADMT) regulations. The CPPA has yet to initiate the formal rulemaking process and has stated that it expects to begin formal rulemaking next year. Accordingly, the draft ADMT regulations are subject to change. Below are the key takeaways: Continue Reading CPPA Releases Draft Automated Decisionmaking Technology Regulations
On October 3, the Federal Trade Commission (“FTC”) released a blog post titled Consumers Are Voicing Concerns About AI, which discusses consumer concerns that the FTC received via its Consumer Sentinel Network concerning artificial intelligence (“AI”) and priority areas the agency is watching. Although the FTC’s blog post acknowledged that it did not investigate whether the concerns cited indeed correlated to actual AI applications and practices, it found that these concerns fell into three general categories:Continue Reading FTC Publishes Blog Post Summarizing Consumer Concerns with AI Systems
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
On August 25, 2023, the Federal Communications Commission (“FCC”) adopted an Order on Reconsideration (“Reconsideration Order”) that addressed three petitions requesting that the agency reconsider its broadband label requirements. Among other things, the FCC affirmed its requirement that broadband Internet service providers (“ISPs”) display on the label all monthly fees with respect to the service.Continue Reading FCC Releases Reconsideration Order that Affirms and Clarifies Broadband Label Requirements
On June 26, 2023, the National Telecommunications and Information Administration (“NTIA”) announced how it has allocated funding from the $42.45 billion Broadband Equity, Access, and Deployment (“BEAD”) program to all U.S. States, the District of Columbia, and five territories to deploy affordable, reliable high-speed Internet service. Marking the occasion in a White House ceremony, President Biden declared that this investment will “connect everyone in America to [affordable] high-speed Internet. . . by 2030.”
By way of background, the Infrastructure Investment and Jobs Act (“IIJA”) became law in 2021 and directed NTIA to oversee distribution of the single greatest public investment in broadband in U.S. history. The cornerstone of that investment is the BEAD program, which we detailed here. In 2022, the NTIA released its Notice of Funding Opportunity (“NOFO”) for the BEAD program, marking the beginning of the program’s implementation, which we detailed here.
According to U.S. Secretary of Commerce Gina Raimondo, the announced investments will increase competitiveness and spur economic growth by “connecting people to the digital economy, manufacturing fiber-optic cable in America, or creating good paying jobs building Internet infrastructure in the states.” The NTIA announcement states that BEAD funding will be used to “deploy or upgrade broadband networks to ensure that everyone has access to reliable, affordable, high-speed Internet service.” After meeting deployment goals, any remaining funds “can be used to pursue eligible access-, adoption-, and equity-related uses.”
The BEAD program is different from past federal broadband investments in that it will be administered by the States, D.C., and the five territories (each referred to as an “Eligible Entity”), with each jurisdiction running its own competitive process for determining the specific projects to be funded. Under the IIJA, each Eligible Entity will have until the end of this year to submit an “initial proposal,” which will be a detailed roadmap explaining how they intend to run their grant programs in a manner consistent with the requirements of the IIJA and NTIA’s NOFO. After approval of this initial proposal, an Eligible Entity can request access to at least 20 percent of its allocated funds. Continue Reading Biden Administration Presses Forward with $42.5 Billion Broadband Program
On June 20, 2023, the Federal Communications Commission (“FCC”) released a Notice of Proposed Rulemaking (“NPRM”) to require cable operators and direct broadcast satellite (“DBS”) providers to display an “all-in” price for their video programming services in their billing and marketing materials. The White House issued a press release that same day expressing its support for the proposed new rules, noting that the proposal is consistent with the Administration’s efforts “to crack down on junk fees in order to increase transparency.” Continue Reading FCC Proposes “All-In” Pricing Rules for Cable/Satellite TV
On May 23, 2023, the White House announced that it took the following steps to further advance responsible Artificial Intelligence (“AI”) practices in the U.S.:
- the Office of Science and Technology Policy (“OSTP”) released an updated strategic plan that focuses on federal investments in AI research and development (“R&D”);
- OSTP issued a new request for information (“RFI”) on critical AI issues; and
- the Department of Education issued a new report on risks and opportunities related to AI in education.