Internet of Things (IoT)

On December 16, 2020, the German Federal Government passed a draft law that substantially amends some of Germany’s information technology laws (“IT laws”). These amendments aim to adapt the current legal framework to the increasing digitalization of products and services, the proliferation of IoT products, and the appearance of new cybersecurity threats. The draft law is expected to be enacted in the German Parliament in the first quarter of 2021.

Continue Reading German Federal Government Passed a Draft Law Amending Germany’s Information Technology Laws

The Federal Communications Commission (“FCC”) is seeking comment on a Notice of Proposed Rulemaking (“NPRM”) that would modify certain aspects of the FCC’s device authorization rules.  Specifically, the FCC is seeking comment on a proposed revision to its device authorization rules to allow the importation of limited quantities of radiofrequency (“RF”) devices prior to authorization for pre-sale activities, including imaging, packaging, and delivery to retail locations.  The FCC also is proposing rule revisions that would allow conditional sales, but not delivery, of RF devices to consumers prior to authorization.

Continue Reading FCC Seeks Comment on Proposal to Change Device Marketing Rules

The newly enacted National Defense Authorization Act (“NDAA”) contains important provisions regarding the development and deployment of artificial intelligence (“AI”) and machine learning technologies, many of which build upon previous legislation introduced in the 116th Congress. The most substantial federal U.S. legislation on AI to date, these provisions will have significant implications in the national security sector and beyond. The measures in the NDAA will coordinate a national strategy on research, development, and deployment of AI, guiding investment and aligning priorities for its use.

President Trump had vetoed the NDAA after its initial passage in December, but the $740 billion NDAA became law over the objection of President Trump’s veto with a rare New Year’s Day Senate vote, 81-13. The House voted to override President Trump’s veto on December 28, on a 322-87 vote.

This post highlights some of the key AI provisions included in the NDAA.
Continue Reading AI Update: Provisions in the National Defense Authorization Act Signal the Importance of AI to American Competitiveness

Connected and automated vehicle (“CAV”) developments in Washington are likely to pick up speed as 2021 rolls in. Indeed, a new presidential administration, new agency leadership, and a new Congress may drive new CAV regulation while also spurring innovation in an industry that many believe can enhance road safety, mobility, and accessibility. For instance, John Porcari, a Biden-Harris campaign advisor and former U.S. Deputy Secretary of Transportation under President Barack Obama, recently indicated that transportation agencies under President Biden would prioritize innovation and technological change and adopt a federal framework for autonomous vehicles.

Lawmakers and regulators, furthermore, will have the opportunity to build on some of the initiatives that picked up speed during the fall of 2020, such as the Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act (H.R. 8350) (“SELF DRIVE Act”), the National Highway Traffic Safety Administration’s (“NHTSA”) AV TEST tool, and NHTSA’s request for comment on its proposed framework for Automated Driving Systems (“ADS”) safety. Additionally, the Federal Communications Commission’s (“FCC”) adoption of rules to modernize the 5.9 GHz Band could spur the deployment of CAV technology, and the new administration may reinvigorate inter-agency efforts to examine consumer data privacy and security issues posed by CAVs, as well as CAV-related developments in infrastructure. This post looks down the road ahead for CAV developments in Washington.
Continue Reading IoT Update: The Road Ahead for Connected and Automated Vehicle Developments in Washington

On Friday, December 4, 2020, President Trump signed the bipartisan Internet of Things (“IoT”) Cybersecurity Improvement Act of 2020 into law.  The IoT Cybersecurity Improvement Act empowers the National Institute of Standards and Technology (“NIST”) to create cybersecurity standards for internet-connected devices purchased and used by federal agencies.  For more information on the law, please

The bipartisan Internet of Things (“IoT”) Cybersecurity Improvement Act of 2020 (S. 734, H.R. 1668) has passed the House and the Senate and is headed to the President’s desk for signature. The bill was sponsored in the House by Representatives Hurd (R-TX) and Kelly (D-IL), and in the Senate by Senators Warner (D-VA) and Gardner (R-CO).  President Trump is expected to sign the measure into law.

Continue Reading IoT Update: Congress Passes IoT Cybersecurity Improvement Act of 2020

In what is expected to be one of the last meetings under the leadership of current Federal Communications Commission (“FCC”) Chairman Ajit Pai, the agency will consider adopting a Notice of Proposed Rulemaking (“NPRM”) that proposes to modify certain aspects of the FCC’s device authorization rules.  Specifically, the NPRM will propose to allow the importation and conditional marketing and sales of radiofrequency (“RF”) devices that have not yet been approved under the FCC’s rules.  If the rule is ultimately changed, that means companies marketing RF devices for the first time will have the same flexibility enjoyed by some car companies and many other manufacturers to offer a product to the public before it actually can be shipped for use.

Continue Reading FCC Plans to Advance Proposal to Change Device Marketing Rules

In this edition of our regular roundup on legislative initiatives related to artificial intelligence (AI), cybersecurity, the Internet of Things (IoT), and connected and autonomous vehicles (CAVs), we focus on key developments in the European Union (EU).


Continue Reading AI, IoT, and CAV Legislative Update: EU Spotlight (Third Quarter 2020)

On five consecutive Wednesdays beginning on September 2nd, the ABA will hold its 5th Annual IoT Institute, together with a session called Data, Data Everywhere, and Not a Chance to Think, addressing the intersection of the Internet of Things (IoT) and Artificial Intelligence (AI). Covington was scheduled to host the IoT

On June 24, 2020, the United Nations Economic Commission for Europe (“UNECE”)* adopted two regulations that will have a significant impact on manufacturers of connected and autonomous vehicles (“CAVs”). These regulations impose obligations relating to cybersecurity and software updates for passenger cars, vans, trucks, and buses, while the cybersecurity regulations also reach light four-wheeler vehicles if equipped with automated driving functionalities from level 3 (conditional automation) onward. The regulations will enter into force in January 2021.

The European Union, South Korea, and Japan are expected to take steps to adopt these UNECE regulations in their respective national laws in the next couple of years. Given the widespread use of UN Regulations in the automotive sector globally, we anticipate that other countries will also adopt these regulations. Once implemented, any manufacturer that sells vehicles in the implementing countries must comply with the regulatory requirements, including by ensuring that its supply chain would not prevent compliance. As a result, the effects of the regulations are likely to flow down to vehicle manufacturers even in countries that do not adopt them, such as the United States.
Continue Reading IoT Update: UN Takes the Driver’s Seat for International Regulations on Connected and Autonomous Vehicles Cybersecurity and Software Updates