On May 1, 2023, the White House Office of Science and Technology Policy (“OSTP”) announced that it will release a Request for Information (“RFI”) to learn more about automated tools used by employers to “surveil, monitor, evaluate, and manage workers.” The White House will use the insights gained from the RFI to create policy and best practices surrounding the use of AI in the workplace.
This quarterly update summarizes key legislative and regulatory developments in the first quarter of 2023 related to Artificial Intelligence (“AI”), the Internet of Things (“IoT”), connected and autonomous vehicles (“CAVs”), and data privacy and cybersecurity.…
On March 23, 2023, FDA released a Framework for the use of digital health technologies in drug and biological product development (the “DHT Framework”). This DHT Framework is on the heels of a Discussion Paper the Agency released earlier this month on the use of artificial intelligence (AI) in drug manufacturing to seek public input on issues of critical focus (the “AI Discussion Paper”). While both actions are significant, the AI Discussion Paper is one of CDER’s few policy statements related to the deployment of AI around regulated activities (though the Center did establish an AI steering committee in 2020). CDRH, on the other hand, has issued several policy documents around AI-based software potentially regulated as “software as a medical device” (SaMD), including through an April 2019 discussion paper that proposed a regulatory framework for modifications to AI-based SaMD, an AI “Action Plan” for SaMD in January 2021, and guiding principles to inform the development of Good Machine Learning Practice for AI-based medical devices in October 2021. CDER has requested public comment on the recent DHT Discussion Paper and AI Framework by May 1 and 23, respectively.…
This quarterly update summarizes key legislative and regulatory developments in the third quarter of 2022 related to Artificial Intelligence (“AI”), the Internet of Things (“IoT”), connected and autonomous vehicles (“CAVs”), and data privacy and cybersecurity.
This quarter, Congress has continued to focus on the American Data Privacy Protection Act (“ADPPA”) (H.R. 8152), which…
Many employers and employment agencies have turned to artificial intelligence (“AI”) tools to assist them in making better and faster employment decisions, including in the hiring and promotion processes. The use of AI for these purposes has been scrutinized and will now be regulated in New York City. The New York City Department of Consumer…
This quarterly update summarizes key federal legislative and regulatory developments in the first quarter of 2022 related to artificial intelligence (“AI”), the Internet of Things (“IoT”), connected and automated vehicles (“CAVs”), and data privacy, and highlights a few particularly notable developments in the States. In the first quarter of 2022, Congress and the Administration focused on required assessments and funding for AI, restrictions on targeted advertising using personal data collected from individuals and connected devices, creating rules to enhance CAV safety, and children’s privacy topics.
Continue Reading U.S. AI, IoT, CAV, and Privacy Legislative Update – First Quarter 2022
The Federal Communications Commission (FCC) has again demonstrated that enabling the 5G ecosystem that, among other things, will drive breakthroughs in the Internet of Things (IoT), remains an agency priority.
In a meeting late last week, the FCC adopted multiple items aimed at expanding spectrum availability and access for 5G applications and services, as well as IoT devices. We will report separately on the FCC’s headline-grabbing action to partially reallocate the C-band. In the meantime, the three items addressing television White Spaces, the 3.5 GHz band, and the Rural Digital Opportunity Fund all have relevance for IoT stakeholders.
Continue Reading IoT Update: FCC’s February Meeting Features Several 5G and IoT-Related Items
The German Federal States are likely to adopt a new law in 2020, known as the Interstate Media Treaty (Medienstaatsvertrag – “MStV”). The MStV will impose new regulations on firms or technologies that serve as intermediaries to online media services. It will also introduce new rules in other areas, e.g., for online content providers and advertising, but the rules for intermediaries are likely to generate the most interest.
After intense debate and two public consultations, which prompted over 1,200 comments, the prime ministers of the German Federal States agreed on a draft of the new law on December 5, 2019. Because the law also implements certain provisions of the latest revision of the EU Audiovisual Media Directive, which Member States must implement by September 2020, it is expected that the Federal State parliaments will adopt the MStV in the first half of this year. Germany notified the MStV to the EU under Directive 2015/1535 in January, and the European Commission is currently reviewing it.
Continue Reading Germany Likely to Adopt Unique Regulatory Regime for Intermediaries to Media Services
With all the current excitement around emerging high-tech autonomous vehicles and internet of things (IoT) devices, it may surprise some observers that around 20 years ago the Federal Communications Commission (FCC), at Congress’s direction, was already taking some important steps with respect to these technologies. Most notably, the FCC set aside the 5.9 GHz band, which is a swath of highly-valued mid-band spectrum, for vehicle related communications and transportation safety features. At that time, the FCC pursued Dedicated Short Range Communications (DSRC) as the standard to develop critical safety services, but over time, similar technologies outside of the 5.9 GHz band have developed. More recently, a number of manufacturers and developers have been focused on a new technology called Cellular Vehicle to Everything (C-V2X), which proponents argue should be the standard going forward.
The FCC has decided to weigh in on the issues in the 5.9 GHz band in a draft notice of proposed rulemaking (NPRM) to be voted on at its December 12 Commission Open Meeting. The 5.9 GHz band has been a political issue subject to disagreements among the FCC, Department of Transportation, and members of Congress on both sides of the aisle, regarding the best path forward, which technologies should be pursued, and whether there is enough spectrum that can safely be shared among different use cases. …
Continue Reading IoT Update: FCC Proposes New Spectrum Plan for Vehicle Safety and Unlicensed Uses
In a long-awaited decision, today the U.S. Court of Appeals for the D.C. Circuit upheld a January 2018 decision by the FCC to repeal most net neutrality rules and classify broadband as an unregulated “information service,” despite requiring the FCC to conduct further proceedings to justify certain aspects of its decision. At the same time, the Court found that the FCC exceeded its authority in attempting to preempt any state net neutrality or similar laws regulating broadband.
Continue Reading Federal Appellate Court Largely Upholds FCC’s Order Repealing Most Net Neutrality Rules and De-Regulating Broadband; Holds that FCC Does Not Have Authority to Preempt All State Net Neutrality Laws