On October 30, 2023, U.S. President Biden issued an Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence. It marks the Biden Administration’s most comprehensive action on artificial intelligence policy, building upon the Administration’s Blueprint for an AI Bill of Rights (issued in October 2022) and its announcement (in July 2023) of securing voluntary commitments from 15 leading AI companies to manage AI risks.
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U.S. Federal Law
FTC and HHS Update Consumer Health Data Privacy and Security Guide
On September 15, 2023, the Federal Trade Commission and the Department of Health and Human Services published an updated version of the two agencies’ joint publication, entitled “Collecting, Using, or Sharing Consumer Health Information? Look to HIPAA, the FTC Act, and the Health Breach Notification Rule.” …
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ONC and HHS OCR Release Updated HIPAA Security Risk Assessment Tool
On September 13, 2023, the National Coordinator for Health Information Technology and the Office for Civil Rights at the U.S. Department of Health and Human Services released version 3.4 of the Security Risk Assessment Tool under the Health Insurance Portability and Accountability Act Security Rule.
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NetChoice Seeks to Block the California Age-Appropriate Design Code
On August 31, 2023, NetChoice, a national trade association of large online businesses, filed supplemental briefing in its challenge to the California Age-Appropriate Design Code. …
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FTC to Hold Open Meeting on Stealth Advertising in Digital Media Targeting Children
On September 7, 2023, Lina M. Khan, Chair of the Federal Trade Commission, announced that the FTC will hold an open meeting virtually at 11 am ET on Thursday, September 14, 2023. …
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FTC Announces Proposed Order Against Experian for CAN-SPAM Violations
On August 14, 2023, the Federal Trade Commission announced a proposed order against Experian Consumer Services for failure to comply with the federal CAN-SPAM Act.
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SEC Adopts Final Public Company Cybersecurity Disclosure Rules
On July 26, 2023, the U.S. Securities and Exchange Commission adopted long-anticipated disclosure rules for public companies by a 3-2 party-line vote. The final rules apply both to U.S. domestic public companies, as well as any offshore company that qualifies as a “foreign private issuer” under SEC rules due to a strong nexus to the U.S. capital markets. The new rules are effective as soon as December 18, 2023, and we provide further details in this blog post.
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CIPL Files Response to NTIA’s Request for Comment on AI Accountability Policy
On June 12, 2023, the Centre for Information Policy Leadership at Hunton Andrews Kurth submitted a response to the U.S. National Telecommunications and Information Administration’s Request for Comments on Artificial Intelligence Accountability. The NTIA’s RFC solicited comments on AI accountability measures and policies that can demonstrate trustworthiness of AI systems. …
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FDIC, FRB and OCC Issue Interagency Guidance on Third-Party Relationships
On June 6, 2023, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency issued their final Interagency Guidance on Third-Party Relationships. …
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FTC Issues Proposed Order Against Home Security Camera Company Ring
On May 31, 2023, the Federal Trade Commission announced a proposed order against home security camera company Ring LLC for unfair and deceptive acts or practices in violation of Section 5 of the FTC Act. …
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