In a decision that defines how the Fourth Amendment applies to information collected in the digital age, the Supreme Court today held that police must use a warrant to obtain from a cell phone company records that detail the location and movements of a cell phone user. The opinion in Carpenter v. United States limits … Continue Reading
Two federal appellate courts are taking sharply different views on whether—and why—government agents must have some amount of suspicion to conduct forensic searches of electronic devices seized at the border. The Fourth Circuit on May 9, 2018, held that government agents must have reasonable suspicion to conduct forensic searches of cell phones seized at the … Continue Reading
The House Energy and Commerce Committee’s Subcommittee on Digital Commerce and Consumer Protection held a hearing this week to discuss the State of Modern Application, Research, and Trends of IoT Act (SMART IoT Act). This proposed legislation would direct the Secretary of Commerce to conduct a comprehensive study of the IoT industry and Federal agencies … Continue Reading
In April 2018, China released its nationwide automatic vehicle road testing rules, the Intelligent Internet-connected Vehicles Road Test Administrative Rules (for Trial Implementation) (the “National Rules”), which took effect on May 1, 2018. “Intelligent Internet-connected vehicles,” as defined under the National Rules, are commonly referred to as “intelligent vehicles” or “autonomous vehicles,” which involve a … Continue Reading
On April 6th, the California Public Utilities Commission (CPUC) issued a Proposed Decision authorizing pilot testing for autonomous vehicles (AVs) in California. This action follows up on the California DMV’s permitting rules for AVs in California, which would have allowed driverless testing and deployment permits to issue as early as April 2 of this year. The DMV’s … Continue Reading
On April 25, 2018, the European Commission (EC) published its “Artificial Intelligence for Europe” communication (the Communication), in which it sets out a roadmap for its AI initiatives. Having acknowledged the crucial need for a boost of AI in the EU, the EC commits to supporting investment, (re)considering legislation and soft law initiatives, and coordinating … Continue Reading
Mobile phone manufacturer BLU Products, Inc. entered into a settlement agreement with the FTC last week to resolve allegations that one of BLU’s China-based vendors collected personal information about its consumers without proper consent. The settlement agreement, which took the form of a consent order, applies not only to BLU but also to its CEO … Continue Reading
Reflecting evidence from 280 witnesses from the government, academia and industry, and nine months of investigation, the UK House of Lords Select Committee on Artificial Intelligence published its report “AI in the UK: ready, willing and able?” on April 16, 2018 (the Report). The Report considers the future of AI in the UK, from perceived … Continue Reading
The UK Government’s Department for Business, Energy and Industrial Strategy has just released a 75-page Green Paper on Modernising Consumer Markets, setting out the Government’s main priorities for the digital economy in a post-Brexit Britain. The Green Paper reflects on the current state of consumer markets and regulation, and lays down the key challenges and … Continue Reading
The UK House of Lords Select Committee on Communications has recently opened a Public Consultation on ‘The Regulation of the Internet’, with submissions being accepted until Friday 11 May. The Call for Evidence can be accessed here. The nine questions posed are relatively broad in scope, including: whether there is a need to introduce specific … Continue Reading
In its latest installment of the Transformers series, The Washington Post hosted key industry and thought leaders to discuss the current and future implications of artificial intelligence (“AI”). A number of themes emerged from the two-hour discussion. First, all panelists agreed that AI will be a useful tool to amplify and extend human skills, but … Continue Reading
The “Internet of Things” (IoT)—the network of consumer devices connected to the Internet through digital connections and sensors—has dramatically grown over the past five years. A McKinsey analysis estimated that the potential annual economic impact of IoT in 2025 could be between $4 trillion and $11 trillion, with value accruing in manufacturing, urban spaces, human … Continue Reading
The UK government has published a Proposed Code of Practice for Security in Consumer IoT Products and Associated Services promoting a “secure by design” approach to designing, manufacturing and delivering internet-connected products and services. The Proposed Code forms part of the government’s National Cyber Security Strategy (2016-2021) and complements the government’s focus on making the … Continue Reading
Two hundred billion IoT devices could be in use by 2020, according to one estimate cited in the World Economic Forum’s recent report, Mitigating Risk in the Innovation Economy. This rapid integration of the digital world and the physical world presents unprecedented opportunities for businesses in a wide array of industries. But it also creates … Continue Reading
Inflection Point for IoT In a relatively short amount of time, the adoption of the Internet of Things (IoT) and its applications— from smart cars to the myriad of interconnected sensors in the General Service Administration building reminiscent of HAL 9000 from 2001: A Space Odyssey— has rapidly proliferated, providing significant opportunities and benefits. However, … Continue Reading
At the start of 2018, we find ourselves in the midst of an autonomous vehicles revolution. In the private sector, leading, and some nascent, autonomous mobility innovators have forged ahead with a surge of investment. Last year, The Brookings Institution found that during a snapshot between 2014 and 2017, more than 160 investments worth more … Continue Reading
This post was originally published on the Covington InsidePrivacy blog on January 19, 2018. On January 12, the International Consumer Electronics Show (CES) in Las Vegas closed its doors for another year. Each CES raises a new set of technology themes, ranging from robots to smart fridges — and this year, the winner was voice … Continue Reading
As we previously reported, in October 2014 the Federal Trade Commission (FTC) filed a complaint against AT&T in federal court alleging that AT&T’s “throttling” practices for mobile broadband subscribers who were “grandfathered” into the company’s unlimited mobile data plan were unfair and deceptive in violation of Section 5 of the FTC Act. On Monday, AT&T … Continue Reading
Yesterday, the Federal Communications Commission’s (FCC’s) Enforcement Bureau issued a reminder that annual CPNI certifications for calendar year 2013 must be filed with the FCC by March 1, 2014. The FCC requires telecommunications service providers (including paging providers, commercial mobile radio services providers, and calling card providers) and interconnected VoIP service providers to file an … Continue Reading
The Edward Snowden leaks have forced Americans to question whether the government monitors their online activities. But intelligence-gathering is not the only government threat to Internet privacy: plaintiffs in defamation cases are using court subpoenas to attempt to unmask Internet users’ identities. In some seedy corners of the Internet, commenters use the veil of anonymity … Continue Reading
Reporters nationwide have faced a flurry of subpoenas in recent months, calling into question whether journalists can guarantee confidentiality to sources. The repeated attempts to force journalists to reveal their confidential sources and other information about their newsgathering demonstrate the need for strong reporter “shield laws” on both the federal and state level. Among some … Continue Reading
The Virginia Court of Appeals held this week that Internet users who may have posted fake reviews of companies do not have a right to remain anonymous. Hadeed Carpet Cleaning in Alexandria, Va., filed a defamation lawsuit against seven Yelp users who wrote critical reviews about Hadeed and a related business. Hadeed claims that it … Continue Reading
For more than a decade, a New Jersey appellate court’s opinion guided courts nationwide as they determined whether to enforce subpoenas for the identities of anonymous online speakers. But in 2013, courts increasingly moved away from the New Jersey court’s test, leading to further divergence in the methods that courts use to determine whether a … Continue Reading
Earlier today, two entities — the Direct Marketing Association (“DMA”) and a Coalition of Mobile Engagement Providers (“Coalition”) — filed petitions at the FCC asking the agency to stay and forbear from enforcing, or clarify, certain aspects of the “prior express written consent” requirement that went into effect yesterday for prerecorded calls to residential numbers and autodialed … Continue Reading
