On Tuesday, November 26, the FTC released a proposed settlement order with Evolv Technologies, a provider of AI-enabled security screening systems.  The FTC’s complaint in the matter alleged that Evolv violated Section 5 of the FTC Act by making “false or unsupported claims” about the capabilities of an AI-enabled screening system that it provides to schools and other venues.  Specifically, the complaint asserts that Evolv misrepresented “the extent to which the system will detect weapons and ignore harmless items” more accurately and cost-effectively than traditional metal detectors. 

The FTC positioned its action against Evolv as a continuation of its work under the previously announced “Operation AI Comply,” which we discussed here, to “ensure that AI marketing is truthful.”  The complaint alleges that Evolv made “a very deliberate choice” to market its screening system as involving the use of AI, but that Evolv’s effort to position the screening system as a high-tech “weapons detection” system rather than a metal detector “is solely a marketing distinction, in that the only things that [the screening system’s] scanners detect are metallic, and its alarms can be set off by metallic objects that are not weapons.” Continue Reading FTC Settles Case Against Provider of AI-Enabled Security Systems

In a new post on the Inside Government Contracts blog, our colleagues provide the November 2024 update to our ongoing series on the implementation of Executive Order No. 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “AI EO”), issued by President Biden on October 30, 2023. The blog…

Continue Reading November 2024 Developments Under President Biden’s AI Executive Order

On December 3, 2024, the Federal Trade Commission (“FTC”) announced that it reached a settlement with IntelliVision Technologies Corp. (“IntelliVision”) to resolve allegations that the company violated Section 5 of the FTC Act by making certain claims concerning its AI-powered facial recognition software. 

The FTC’s complaint alleged, among other things, that IntelliVision made certain inaccurate or insufficiently supported claims about its facial recognition software, including with regard to its accuracy as it pertains to gender, race, and ethnicity detection and bias.

To resolve these and other allegations, the FTC and Intellivision entered into a proposed consent order that places restrictions and obligations on IntelliVision with respect to its facial recognition technology.

Among other restrictions, the proposed consent order requires that IntelliVision not make misrepresentations about the accuracy or efficacy of its technology, including concerning “the comparative performance … with respect to individuals of different genders, ethnicities, and skin tones, or reducing or eliminating differential performance based on such factors” and detecting spoofing or determining “Liveness” (defined to mean “that a living subject is present at the point of capture”).Continue Reading IntelliVision Settles FTC Allegations Regarding its Facial Recognition Technology

Updated December 12, 2024. Originally Posted December 10, 2024.

On December 4, 2024, the Federal Communications Commission (the “Commission”) announced that it had selected UL Solutions to serve as the Lead Administrator for its Internet of Things Cybersecurity Labeling Program (the “IoT Labeling Program”).  The Commission also conditionally approved UL Solutions as a Cybersecurity…

Continue Reading FCC Takes Next Steps Towards U.S. Cyber Trust Mark

On December 5, 2024, the Federal Communications Commission (FCC) announced that its filing requirements were now in place for parties seeking to deploy Supplemental Coverage from Space,  finalizing a new regulatory regime that enables satellite operators to work with wireless provider partners to provide ubiquitous coverage to hard-to-reach users.  This step establishes the administrative requirements for FCC approval of SCS deployments and follows on the heels of a November 26th authorization of the first-ever SCS partnership, a collaboration between SpaceX and T-Mobile.Continue Reading FCC Issues Filing Guidelines for Supplemental Coverage from Space (SCS) Applications; Authorizes SpaceX and T-Mobile to Premiere SCS Deployment

On 2 December 2024, the European Data Protection Board (“EDPB”) adopted its draft guidelines on Article 48 GDPR (the “Draft Guidelines”). The Draft Guidelines are intended to provide guidance on the GDPR requirements applicable to private companies in the EU that receive requests or binding demands for personal data from public…

Continue Reading EDPB adopts draft guidelines on requirements when responding to requests from non-EU public authorities

On November 20, 2024, the Federal Communications Commission (the “Commission”) issued a Second Report and Order in which it adopted rules (“the Order”) to facilitate the transition to from Dedicated Short Range Communications (“DSRC”) technology to Cellular-Vehicle-to-Everything (“C-V2X”) technology for the Intelligent Transportation System (“ITS” also referred to as the “connected vehicle ecosystem”).  Notably, the Order was adopted by a unanimous, bipartisan vote.  In a press release, the Commission said that the Order will “accelerate the automotive industry and federal government plans for transitioning from dated technology to the more advanced C-V2X automobile safety technology.”

The Order follows a 2020 Order in which the Commission retained the upper 30 megahertz of the 5.9 GHz band for ITS operations and required the ITS service to transition from DSRC-based technology to C-V2X-based technology.  The Order expands on that transition by addressing the transition timeline, communications prioritization, channel bandwidth, communication zones, C-V2X standards, and additional matters.Continue Reading FCC Adopts Rules Facilitating the Transition to C-V2X Technology for the Connected Vehicle Ecosystem

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

On Sunday evening, President-elect Donald Trump announced that he will name Federal Communications Commission (FCC) Commissioner Brendan Carr as Chair of the FCC.  Because Commissioner Carr is a sitting Commissioner, no Senate confirmation is needed, and he will become FCC Chairman as of Inauguration Day on January 20, 2025.   

While Carr was widely seen as…

Continue Reading Trump Signals Continued Focus on “Big Tech” in Naming Brendan Carr as FCC Chair

This quarterly update highlights key legislative, regulatory, and litigation developments in the third quarter of 2024 related to artificial intelligence (“AI”) and connected and automated vehicles (“CAVs”).  As noted below, some of these developments provide industry with the opportunity for participation and comment.

I.     Artificial Intelligence

Federal Legislative Developments

There continued to be strong bipartisan…

Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – Third Quarter 2024