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Samuel Klein

Samuel Klein helps clients realize their policy objectives, manage reputational risks, and navigate the regulatory environment governing political engagement.

As a member of Covington’s Election and Political Law practice, Sam assists clients facing Congressional investigations and offers guidance on ethics laws; with the firm’s Public Policy group, Sam supports strategic advocacy across a breadth of policy domains at the federal, state, and local levels.

Sam spent one year as a law clerk at the Federal Election Commission. His prior experience includes serving as an intern to two senior members of Congress and helping clients communicate nuanced policy concepts to lawmakers and stakeholders as a public-affairs consultant.

The Commerce Department today published a Request for Information (RFI) inviting the public to submit comments on U.S. artificial intelligence exports.  The RFI asks stakeholders to weigh in on aspects of the Department’s new “American AI Exports Program,” an initiative intended to “promot[e] the export of full-stack American AI technology packages.”

The RFI follows from

Continue Reading Commerce Department Solicits Feedback on AI Exports Program

The Trump Administration is considering multiple proposals to raise revenue from patent holders, including direct assessments on patent holders, changes to the existing patent fee schedule, and potentially a new mechanism for sharing profits from university-owned patents obtained through federal research funds. 

Patent Tax

First, Commerce Secretary Howard Lutnick is reportedly considering assessing a charge

Continue Reading Commerce Department and U.S. Patent and Trademark Office Exploring a Patent Tax and Patent Fee Changes

Federal legislation to “pause” state artificial intelligence regulations will not become law—for now—after the Senate stripped the measure from the budget reconciliation package, the One Big Beautiful Bill Act (H.R. 1).

The Senate voted 99–1 to strike the moratorium language from the bill during a marathon 27-hour “vote-a-rama” on July 1. The Senate voted 51–50, with Vice President J.D. Vance breaking the tie, to pass the bill (without the moratorium) and send it back to the House.  The House passed the Senate-amended bill on July 3 by a vote of 218–214, with all Democrats and two Republicans voting against.  President Trump signed the bill into law on July 4.Continue Reading Senate Nixes State AI Enforcement Moratorium, For Now

In a surprise move, Senate Parliamentarian Elizabeth MacDonough ruled that a proposed moratorium on state and local AI laws satisfies the Byrd Rule, the requirement that reconciliation bills contain only budgetary provisions and omit “extraneous” policy language.  While MacDonough’s determination allows the Senate Commerce Committee’s version of the moratorium to remain in the bill, its

Continue Reading Senate Parliamentarian Clears Revised State AI Enforcement Moratorium for Reconciliation Bill, But Passage Remains in Doubt

Technology companies will be in for a bumpy ride in the second Trump Administration.  President-elect Trump has promised to adopt policies that will accelerate the United States’ technological decoupling from China.  However, he will likely take a more hands-off approach to regulating artificial intelligence and reverse several Biden Administration policies related to AI and other emerging technologies.Continue Reading Tech Policy in a Second Trump Administration: AI Promotion and Further Decoupling from China

Nearly a year after Senate Majority Leader Chuck Schumer (D-NY) launched the SAFE Innovation Framework for artificial intelligence (AI) with Senators Mike Rounds (R-SD), Martin Heinrich (D-NM), and Todd Young (R-IN), the bipartisan group has released a 31-page “Roadmap” for AI policy.  The overarching theme of the Roadmap is “harnessing the full potential of AI while minimizing the risks of AI in the near and long term.”

In contrast to Europe’s approach to regulating AI, the Roadmap does not propose or even contemplate a comprehensive AI law.  Rather, it identifies key themes and areas of agreement and directs the relevant congressional committees of jurisdiction to legislate on key issues.  The Roadmap recommendations are informed by the nine AI Insight Forums that the bipartisan group convened over the last year.Continue Reading Bipartisan Senate AI Roadmap Released

As the 2024 elections approach and the window for Congress to consider bipartisan comprehensive artificial intelligence (AI) legislation shrinks, California officials are attempting to guard against a generative AI free-for-all—at least with respect to state government use of the rapidly advancing technology—by becoming the largest state to issue rules for state procurement of AI technologies.  Without nationwide federal rules, standards set by state government procurement rules may ultimately add another layer of complexity to the patchwork of AI-related rules and standards emerging in the states.

On March 21, 2024, the California Government Operations Agency (GovOps) published interim guidelines for government procurement of generative AI technologies.  The new guidance directs state officials responsible for awarding and managing public contracts to identify risks of generative AI, monitor the technology’s use, and train staff on acceptable use, including for procurements that only involve “incidental” AI elements.  For “intentional” generative AI procurements, where an agency is specifically seeking to purchase a generative AI product or service, the guidelines impose a higher standard: in addition to the requirements that apply to “incidental” purchases, agencies seeking generative AI technologies are responsible for articulating the need for using generative AI prior to procurement, testing the technology prior to implementation, and establishing a dedicated team to monitor the AI on an ongoing basis.Continue Reading California Establishes Working Guidance for AI Procurement

Senate Commerce Committee Chair Maria Cantwell (D-WA) and Senators Todd Young (R-IN), John Hickenlooper (D-CO), and Marsha Blackburn (R-TN) recently introduced the Future of AI Innovation Act, a legislative package that addresses key bipartisan priorities to promote AI safety, standardization, and access.  The bill would also advance U.S. leadership in AI by facilitating R&D and creating testbeds for AI systems.Continue Reading New Bipartisan Senate Legislation Aims to Bolster U.S. AI Research and Deployment

A New Orleans magician recently made headlines for using artificial intelligence (AI) to  emulate President Biden’s voice without his consent in a misleading robocall to New Hampshire voters. This was not a magic trick, but rather a demonstration of the risks AI-generated “deepfakes” pose to election integrity.  As rapidly evolving AI capabilities collide with the ongoing 2024 elections, federal and state policymakers increasingly are taking steps to protect the public from the threat of deceptive AI-generated political content.

Media generated by AI to imitate an individual’s voice or likeness present significant challenges for regulators.  As deepfakes increasingly become indistinguishable from authentic content, members of Congress, federal regulatory agencies, and third-party stakeholders all have called for action to mitigate the threats deepfakes can pose for elections.  Continue Reading As States Lead Efforts to Address Deepfakes in Political Ads, Federal Lawmakers Seek Nationwide Policies

On February 20, Speaker Mike Johnson (R-LA) and Democratic Leader Hakeem Jeffries (D-NY) announced a new Artificial Intelligence (AI) task force in the House of Representatives, with the goal of developing principles and policies to promote U.S. leadership and security with respect to AI.  Rep. Jay Olbernolte (R-CA) will chair the task force, joined by Rep. Ted Lieu (D-CA) as co-chair.  Several other senior members of the California delegation, including Rep. Darrell Issa (R-CA) and retiring Rep. Anna Eshoo (D-CA), will participate in the effort as well.Continue Reading New Bipartisan House Task Force May Signal Legislative Momentum on Artificial Intelligence