Artificial Intelligence (AI)

A new post on the Covington Inside Privacy blog discusses remarks by California Privacy Protection Agency (CPPA) Executive Director Ashkan Soltani at the International Association of Privacy Professionals’ global privacy conference last week.  The remarks covered the CPPA’s priorities for rulemaking and administrative enforcement of the California Consumer Privacy Act, including with respect to connected

Continue Reading CPPA Executive Director Remarks on Policy and Enforcement Priorities

This quarterly update highlights key legislative, regulatory, and litigation developments in the first quarter of 2024 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and data privacy and cybersecurity.  As noted below, some of these developments provide industry with the opportunity for participation and comment.Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – First Quarter 2024

State lawmakers across the country continue to pursue new legislation to regulate the use of artificial intelligence (“AI”), and especially the creation and distribution of AI-generated content (sometimes referred to as “deepfakes,” “synthetic content,” or “fabricated media”).  On March 21, 2024, Tennessee’s governor signed the Ensuring Likeness, Voice, and Image Security Act (“ELVIS Act”) (HB 2091), marking a new push by state lawmakers to protect the commercial interests of artists and musicians from AI-generated impersonations.Continue Reading Tennessee Enacts Legislation to Protect Musicians from AI-Generated Voice Impersonations

On March 28, the White House Office of Management and Budget (OMB) released guidance on governance and risk management for federal agency use of artificial intelligence (AI).  The guidance was issued in furtherance of last fall’s White House AI Executive Order, which established goals to promote the safe, secure, and trustworthy use and development of AI systems.Continue Reading OMB Issues First Governmentwide AI Policy for Federal Agencies

Earlier this week, Members of the European Parliament (MEPs) cast their votes in favor of the much-anticipated AI Act. With 523 votes in favor, 46 votes against, and 49 abstentions, the vote is a culmination of an effort that began in April 2021, when the EU Commission first published its proposal for the Act.

Here’s what lies ahead:Continue Reading EU Parliament Adopts AI Act

State lawmakers are pursuing a variety of legislative proposals aimed at regulating the development and use of artificial intelligence (“AI”).  In the past two months, legislators in Florida, New Mexico, Utah, and Washington passed legislation regulating AI-generated content, and Utah’s legislature passed legislation regulating generative AI and establishing a state test bed for evaluating future AI regulations.  These are just a sampling of the wave of legislative proposals advancing in states across the country.Continue Reading State Lawmakers Pass Flurry of AI Legislation

Last month, the Federal Trade Commission (“FTC”) finalized a new rule prohibiting the impersonation of government and business entities.  That same day, the FTC sought comment on a supplemental notice of proposed rulemaking (“SNPRM”) to expand the rule to prohibit the impersonation of individuals and to extend liability to parties who provide the means and instrumentalities to create unlawful impersonations.  The FTC cited concerns about AI-generated deepfakes as its rationale for these actions.  FTC Chair Lina Khan stated that the proposed expansions would strengthen “the FTC’s toolkit to address AI-enabled scams impersonating individuals.”Continue Reading The FTC Prohibits AI-Generated Impersonation Fraud

On February 13, 2024, the European Parliament’s Committee on Internal Market and Consumer Protection and its Committee on Civil Liberties, Justice and Home Affairs (the “Parliament Committees”) voted overwhelmingly to adopt the EU’s proposed AI Act. This follows a vote to approve the text earlier this month by the Council of Ministers’ Permanent Representatives Committee (“Coreper“). This brings the Act closer to final; the last step in the legislative process is a vote by the full European Parliament, currently scheduled to take place in April 2024.

The compromise text approved by Coreper and the Parliament Committees includes a number of significant changes as compared to earlier drafts. In this blog post, we set out some key takeaways.Continue Reading EU AI Act: Key Takeaways from the Compromise Text

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

On February 8, 2024, the Federal Communications Commission (FCC) released a declaratory ruling stating that Telephone Consumer Protection Act (TCPA) restrictions on making phone calls using an “artificial or prerecorded voice” “encompass current AI technologies that generate human voices.”  Therefore, unless an exemption applies, telemarketing calls using an artificial or prerecorded voice simulated or generated

Continue Reading FCC Confirms TCPA “Artificial or Prerecorded Voice” Restrictions Apply to AI Technologies that Generate Human Voices