On March 1, 2021, the National Security Commission on Artificial Intelligence (NSCAI) released its 700-page Final Report (the “Report”), which presents NSCAI’s recommendations for “winning the AI era” (The Report can be accessed here). This Report issues an urgent warning to President Biden and Congress: if the United States fails to significantly accelerate its understanding and use of AI technology, it will face unprecedented threats to its national security and economic stability. Specifically, the Report cautions that the United States “is not organizing or investing to win the technology competition against a committed competitor, nor is it prepared to defend against AI-enabled threats and rapidly adopt AI applications for national security purposes.”
In the Final Report, NSCAI makes a number of detailed policy recommendations “to advance the development of AI, machine learning, and associated technologies to comprehensively address the national security and defense needs of the United States.” The Report, its findings and recommendations all signal deep concern that the U.S. has underinvested in AI and must play catch-up in order to safeguard its future.
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In the latest episode of the Faegre Drinker on Law and Technology Podcast, Faegre Drinker Counsel Jason G. Weiss and Partner Laura Phillips discuss the growth and evolution of the Internet of Things (IoT). In particular, they dive into the countless devices and use cases that make up the IoT universe, the regulatory issues that accompany commercial applications of IoT technology in the U.S., and the challenges of navigating the patchwork, ad hoc policies and regulations that currently govern this emerging space.
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After a long wait, the California Attorney General’s (AG) office held a news conference on October 10, 2019, and published proposed regulations implementing the California Consumer Privacy Act (CCPA). Companies gearing up for CCPA’s January 1, 2020, effective date should quickly review and assess the proposed regulations’ potential effects on their operations and consider attending upcoming public hearings or submitting public comments by December 6, 2019.
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On October 1, the U.S. Court of Appeals for the D.C. Circuit released a long awaited decision in Mozilla Corporation v. FCC that largely upheld most aspects of the Federal Communications Commission’s 2018 “Restoring Internet Freedom Order” While FCC Chairman Pai quickly claimed victory, the nearly 200 page decision was in several areas quite critical of the FCC’s process, as well as the agency’s reasoning or the lack of discussion or support in the record for several of the Order’s determinations. Although these defects were not sufficient for the Court to reverse the Order on review, the Court nevertheless agreed with petitioners on several issues, discussed below, and remanded them to the agency for additional consideration.
Continue reading “The FCC’s “Restoration of Internet Freedom Order” Largely Survives on Appeal; But Net Neutrality is Not Dead Yet”
In a release aptly labeled “A Starting Point for IoT Device Manufacturers” the National Institute of Standards and Technology (NIST), an arm of the Department of Commerce, recently added to the discussion with the publication. NIST sought to provide IoT device manufacturers a better understanding of appropriate cybersecurity features for the vast and constantly proliferating range of IoT devices. NIST’s fundamental purpose is to improve the securitibility of IoT devices and to identify, in general terms, the features that can be designed so that customers can better use them to manage cybersecurity risk profiles.
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Last year Congress enacted the CLOUD Act (the Clarifying Lawful Overseas Use of Data Act) to clarify the means for foreign legal authorities to access electronic information held by U.S.-based global providers. The U.S. Department of Justice (DOJ), in April 2019, issued a White Paper entitled “Promoting Public Safety, Privacy, and the Rule of Law Around the World: The Purpose and Impact of the CLOUD Act.” This White Paper lays out the policy and legal reasons for enactment of the CLOUD Act, and explains how the CLOUD Act overlays and interacts with existing laws and established inter-governmental practices.
Continue reading “DOJ White Paper Answers Questions about the Scope and Applicability of the CLOUD Act”