Department of Commerce

On March 27, 2024, the National Telecommunications and Information Administration (“NTIA”) issued its AI Accountability Report, and, on March 28, 2024, the White House announced the Office of Budget and Management’s (“OMB’s”) government-wide policy on AI risk management.
Continue Reading White House Executive Order on AI Rulemaking Efforts Advances as NTIA and White House OMB Issue Reports and Guidance

On March 14, 2024, the U.S. Department of the Treasury’s Office of Foreign Assets Control announced a settlement with EFG International AG regarding violations of OFAC rules alleged to have occurred as a result of the firm’s buying, selling and holding U.S. securities on behalf of persons sanctioned by OFAC. This blog entry provides a link to a client alert on this topic.
Continue Reading OFAC Settlement Illustrates Sanctions Compliance Risks for Foreign Asset Managers Trading U.S. Securities

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.
Continue Reading Biden AI Order Enables Agencies to Address Key Risks

On July, 10 2023, the European Commission formally adopted a new adequacy decision on the EU-U.S. Data Privacy Framework, which follows years of intense negotiations between the EU and the U.S. after the invalidation of the EU-U.S. Privacy Shield by the CJEU in the Schrems II case.
Continue Reading BREAKING: EU Commission Adopts EU-U.S. Data Privacy Framework Adequacy Decision

On March 6, 2023 the Centre for Information Policy Leadership at Hunton Andrews Kurth filed a response to the National Telecommunications and Information Administration’s request for comment on issues at the intersection of privacy, equity, and civil rights.
Continue Reading CIPL Files Comments on Civil Rights Implications of Commercial Data Practices

On July 28, 2021, President Biden signed a National Security Memorandum that formally establishes an Industrial Control Systems Cybersecurity Initiative and directs the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency and the Department of Commerce’s National Institute of Standards and Technology, in collaboration with other agencies, to develop and issue cybersecurity performance goals for critical infrastructure.
Continue Reading White House Issues Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems

On December 9, 2020, the Senate Committee on Commerce, Science and Transportation held a hearing on the Invalidation of the EU-U.S. Privacy Shield and the Future of Transatlantic Data Flows. This post reviews the key topics, witnesses and views expressed during the hearing.
Continue Reading Senate Commerce Committee Holds Hearing on the Invalidation of the EU-U.S. Privacy Shield and the Future of Transatlantic Data Flows

On September 28, 2020, the U.S. Department of Commerce, along with the U.S. Department of Justice and the Office of the Director of National Intelligence, released a White Paper entitled Information on U.S. Privacy Safeguards Relevant to SCCs and Other EU Legal Bases for EU-U.S. Data Transfers after Schrems II (the “White Paper”). The White Paper outlines privacy safeguards in and updates to the U.S. surveillance provisions flagged by the Court of Justice of the European Union (“CJEU”) in its Schrems II decision. It is intended to serve as a resource for companies transferring personal data from the EU to the U.S. in the wake of the CJEU’s decision overturning the EU-U.S. Privacy Shield. Particularly, it focuses on companies relying on Standard Contractual Clauses (“SCCs”) for data transfers, and provides information to help them determine whether the U.S. ensures adequate privacy protections for companies’ data.
Continue Reading U.S. Government Issues White Paper on Data Transfers after Schrems II Decision

On August 6, 2020, President Trump signed executive orders imposing new economic sanctions under the International Emergency Economic Powers Act and the National Emergencies Act against TikTok and WeChat. The orders potentially affect tens of millions of U.S. users of these applications and billions of users worldwide.
Continue Reading U.S. Government Takes Aim at TikTok and WeChat Citing Privacy and Security Concerns