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Max Larson

Max Larson is an associate in the firm’s Washington, DD office and a member of the Litigation and Investigations Practice Group. She also maintains an active pro bono practice.

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This update highlights key mid-year legislative and regulatory developments and builds on our first quarter update related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), Internet of Things (“IoT”), and cryptocurrencies and blockchain developments.

I. Federal AI Legislative Developments

    In the first session of the 119th Congress, lawmakers rejected a proposed moratorium on state and local enforcement of AI laws and advanced several AI legislative proposals focused on deepfake-related harms.  Specifically, on July 1, after weeks of negotiations, the Senate voted 99-1 to strike a proposed 10-year moratorium on state and local enforcement of AI laws from the budget reconciliation package, the One Big Beautiful Bill Act (H.R. 1), which President Trump signed into law.  The vote to strike the moratorium follows the collapse of an agreement on revised language that would have shortened the moratorium to 5 years and allowed states to enforce “generally applicable laws,” including child online safety, digital replica, and CSAM laws, that do not have an “undue or disproportionate effect” on AI.  Congress could technically still consider the moratorium during this session, but the chances of that happening are low based on both the political atmosphere and the lack of a must-pass legislative vehicle in which it could be included.  See our blog post on this topic for more information.

    Additionally, lawmakers continue to focus legislation on deepfakes and intimate imagery.  For example, on May 19, President Trump signed the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (“TAKE IT DOWN”) Act (H.R. 633 / S. 146) into law, which requires online platforms to establish a notice and takedown process for nonconsensual intimate visual depictions, including certain depictions created using AI.  See our blog post on this topic for more information.  Meanwhile, members of Congress continued to pursue additional legislation to address deepfake-related harms, such as the STOP CSAM Act of 2025 (S. 1829 / H.R. 3921) and the Disrupt Explicit Forged Images And Non-Consensual Edits (“DEFIANCE”) Act (H.R. 3562 / S. 1837).Continue Reading U.S. Tech Legislative & Regulatory Update – 2025 Mid-Year Update

    On July 29, 2025, the National Institute of Standards & Technology (“NIST”) unveiled an outline for preliminary, stakeholder-driven standards, known as a “zero draft”, for AI testing, evaluation, verification and validation (“TEVV”).  This outline is part of NIST’s AI Standards Zero Drafts pilot project, which was announced on March 25, 2025, as we previously reported. The goal is to create a flexible, high-level framework for companies to design their own AI testing and validation procedures. Of note, NIST is not prescribing exact methods for testing and validation. Instead, it offers a structure around key terms, lifecycle stages, and guiding principles that align with future international standards. NIST has asked for stakeholder input on the topics, scope, and priorities of the Zero Drafts process, and feedback is open until September 12, 2025.

    The NIST outline breaks AI TEVV into several foundational elements, a non-exhaustive list of which includes:Continue Reading NIST Welcomes Comments for AI Standards Zero Drafts Project

    Updated June 27, 2025.  Originally posted May 28, 2025.

    At an Open Meeting in May, the Federal Communications Commission (FCC)  unanimously adopted a Further Notice of Proposed Rulemaking (FNPRM) that proposes to permit more intensive and efficient use of the 12.7 GHz and 42 GHz bands by satellite communications, either as an alternative or complement to terrestrial wireless.  Chairman Carr emphasized that, if adopted, the Proposed Rule would make 20,000 megahertz of spectrum available for satellite-based services, which Chairman Carr characterized as a necessary step for U.S. leadership in spectrum and a clear sign to China.  Carr stated that the additional spectrum, in conjunction with other actions the FCC is taking across multiple spectrum bands, would protect American technological leadership.  Comments may be filed on or before July 28, 2025, and reply comments may be filed on or before August 26, 2025, as set forth in today’s Federal Register.

    The FNPRM builds upon the FCC’s recent requests for comments on providing increased access to spectrum for terrestrial wireless services.  This FNPRM expands upon that record to contemplate authorizing satellite communications in the 12.7 GHz and 42 GHz bands and seeks comment on the feasibility of allowing satellite communications in those bands in both the Earth-to-space and space-to-Earth directions.Continue Reading FCC Seeks Comment on Opening Up Spectrum for Satellite Broadband

    On May 13,  the House Energy and Commerce Committee (“E&C Committee”) voted on its portion of the budget reconciliation package which includes a major proposal to identify new radio spectrum bands for auction and to restore the FCC’s long-lapsed spectrum auction authority.  The budget reconciliation proposal directs the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) within two years to identify at least 600 megahertz of spectrum between the 1.3 GHz and 10 GHz frequencies for auction.  The proposal also requires the FCC to complete an auction (with its restored auction authority) for at least 200 megahertz within three years, and to auction the remainder of the spectrum within six years from enactment.  This approach of requiring the FCC to identify a minimum of 200 megahertz of spectrum for auction and to complete such auctions in the near term follows the pattern Congress used in the 1990s to jumpstart growth in the wireless industry. 

    The spectrum designated for auction would be allocated on an “exclusive, licensed basis for mobile broadband services, fixed broadband services, mobile and fixed broadband services, or a combination thereof.”  Note that the legislation would carve out from auction-eligible spectrum bands the frequencies between 3.1 GHz and 3.45 GHz, and between 5.925 GHz and 7.125 GHz.  The bill also provides that the auction proceeds would cover “110 percent of Federal Relocation or Sharing Costs.”  The Congressional Budget Office has estimated the auction will raise $88 billion of new revenue; this “score” of $88 billion makes it the second-biggest item in the budget reconciliation bill for the E&C Committee behind changes to Medicare/Medicaid.Continue Reading Energy and Commerce Committee Votes on GOP House Spectrum Plan

    Late last month, the Federal Trade Center (“FTC”) announced that it reached a settlement with a company called Workado to resolve allegations that it made false or misleading representations about the efficacy of its “AI Content Detector” product in violation of Section 5 of the FTC Act.

    According to the FTC’s complaint, Workado advertised its AI Content Detector as trained on a number of mediums, including blog posts, Wikipedia entries, and AI-generated text, when it fact it was trained only on academic abstracts and content generated by ChatGPT and was not adequately fine-tuned or tested.  The complaint alleges that, based on independent testing, the AI Content Detector is less accurate than Workado advertised and is accurate only around half the time when evaluating non-academic AI-generated content.Continue Reading AI Content Detection Company Settles FTC Allegations of Misrepresentations

    Updated June 24, 2025.  Originally posted April 30, 2025.

    In April, 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…

    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

    Yesterday, the Federal Communications Commission (FCC) released the agenda for its February Open Meeting, which is scheduled for February 27, 2025.  This is the first agenda released by the FCC under new Chairman Brendan Carr.  The agenda items on which the commissioners will vote at the meeting will include the following:

    • A Notice of Proposed Rulemaking seeking input on proposed updates to 10-year-old service specific AWS-3 bidding rules to fulfill the agency’s “statutory obligation to initiate an auction of licenses for the AWS-3 spectrum in the Commission’s inventory by June 23, 2026.”  Proceeds from the auction will support the program that reimburses advanced communications service providers for the cost of removing and replacing Huawei Technologies or ZTE Corporation equipment and services in their networks.
    • A Notice of Inquiry seeking comment on the potential for freeing up additional mid-band spectrum in the Upper C-band for new services, including whether authorization and transition mechanisms similar to those used in the successful 3.7 GHz Service transition could be applied.  The NOI will solicit comments on the parameters for new opportunities in the Upper C-band, the potential need for amending the U.S. Table, and the current and future needs of existing operators while considering the impact on aviation radio altimeters.  It also will invite detailed proposals on transition mechanics and structure, and requests technical and economic data on the costs and benefits of authorizing new services in the Upper C-band.

    Continue Reading FCC to Tackle Robust Agenda at February Open Meeting

    On January 3, 2025, the Federal Trade Commission (“FTC”) announced that it reached a settlement with accessiBe, a provider of AI-powered web accessibility software, to resolve allegations that the company violated Section 5 of the FTC Act concerning the marketing and stated efficacy of its software. Continue Reading AI Accessibility Software Provider Settles FTC Allegations

    On December 27, 2024,  the National Telecommunications and Information Administration (NTIA) issued a Request for Comment (“RFC”)that seeks public input on the potential impacts on the Global Positioning Satellite (GPS) L1 signal by the growth of satellite-based direct-to-device (D2D) operations that use frequencies between 1610-1660.5 MHz (the “L-band”).   As the lead spectrum advisor to the Executive Branch on spectrum issues, NTIA serves as the advocate for other agencies including the Department of Transportation (DOT) before the FCC.  NTIA issued its Request for Comment (RFC) in response to analysis prepared by DOT and states that its interest in D2D usage stems from the increasing deployment of services in which mobile devices like smartphones and Internet of Things (IoT) devices connect directly to satellite systems in the L-band, a portion of which is located near spectrum allocated to GPS.  NTIA invited comments to be filed by February 10, 2025. Continue Reading NTIA Seeks Comment on Potential Effects of Satellite Direct-to-Device Operations in the L-band on GPS L1 Signal