Net Neutrality Update: California and the United States Agree to Stay Further Proceedings Pending Review of FCC Order

In exchange for a stay of the proceedings in both United States v. California and American Cable Association v. Becerra, California has agreed not to enforce its new net neutrality law, SB 822, pending the resolution of Mozilla Corp. v. FCC, the lawsuit challenging the FCC’s Restoring Internet Freedom Order (“Order”).  The Order had repealed Obama-era net neutrality rules.  SB 822, which we previously discussed here, was scheduled to go into effect on January 1, 2019, and contains the most stringent net neutrality requirements of any state.  When the law was passed on September 30, the U.S. Department of Justice immediately sued California, arguing it was preempted by the FCC’s Order.

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IoT Update: DOT Publishes Policy Statement on Automated Vehicles

On October 4, the U.S. Department of Transportation published Preparing for the Future of Transportation: Automated Vehicles 3.0 (“AV 3.0”), a policy vision statement that embraces automation as a critical tool to improve motor vehicle safety. AV 3.0 identifies several avenues to remove regulatory barriers to automated driving systems (“ADS”), including potential changes to rules that may stand in the way of driverless vehicles. These changes are of interest to automotive manufacturers, parts and systems suppliers, and technology companies. Continue Reading

AI Update: Europe Officially Joins the Race for the Next Generation of Supercomputers

On 28 September 2018 the EU reinforced its commitment to the development and deployment of high-performance computing by adopting a Regulation establishing the European High Performance Computing Joint Undertaking (“EuroHPC Joint Undertaking”). This entity is set to coordinate and pool resources to create a pan-European state-of-the-art supercomputing infrastructure.

Aims of the EuroHPC Joint Undertaking

The Regulation addresses the lagging standard of high performance computing in Europe. There are concerns that the needs of both scientists and industry are not being met by the computation time available in the EU, and that parties are looking elsewhere for solutions. This creates a number of problems – for private parties these may relate to privacy and data protection; the EU stands to lose out on technological know-how, innovation, competitiveness and leadership in industry. Continue Reading

Understanding MongoDB’s New Copyleft Open Source License

MongoDB, the developer of a popular document-oriented distributed database server by the same name, has updated the open source license that applies to versions of its software published after October 16, 2018.

Previously, the MongoDB software was licensed under the GNU Affero General Public License v.3 (“AGPLv3”), which is a “strong copyleft” license. Strong copyleft licenses, among other things, require that the source code for the licensed software (including any modifications) be made available to the public, typically when the software is distributed to third parties. AGPLv3 goes further than other strong copyleft licenses in that the obligation to make source code available is triggered not only when the software is distributed, but also when it is accessed over a computer network, such as the Internet.

In an apparent response to attempts by users of MongoDB to architect their services so as to avoid the obligation to make their source code modifications available under AGPLv3, MongoDB has created a modified version of AGPLv3 (see here for a redline comparison) with broader disclosure and licensing obligations. The new license is called the Server Side Public License v.1 (“SSPLv1”).

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IoT Update: The UK publishes a final version of its Code of Practice for Consumer IoT Security

Following an informal consultation earlier this year – as covered by our previous IoT Update here – the UK’s Department for Digital, Culture, Media and Sport (“DCMS”) published the final version of its Code of Practice for Consumer IoT Security (“Code”) on Oct. 14, 2018. This was developed by the DCMS in conjunction with the National Cyber Security Centre, and follows engagement with industry, consumer associations, and academia. The aim of the Code is to provide guidelines on how to achieve a “secure by design” approach, to all organizations involved in developing, manufacturing, and retailing consumer Internet of Things ‘IoT’ products. Each of the thirteen guidelines are marked as primarily applying to one or more of device manufacturers, IoT service providers, mobile application developers and/or retailers categories.

The Code brings together what is widely considered good practice in IoT security. At the moment, participation in the Code is voluntary, but it has the aim of initiating and facilitating security change through the entire supply chain and compliance with applicable data protection laws. The Code is supported by a supplementary mapping document, and an open data JSON file which refers to the other main industry standards, recommendations and guidance.  Ultimately, the Government’s ambition is for appropriate aspects of the Code to become legally enforceable and has commenced a mapping exercise to identify the impact of regulatory intervention and necessary changes.

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IoT Update: BEREC launches public consultation on the ‘Data Economy’

On the 10th October 2018, BEREC (the Body of European Regulators for Electronic Communications) launched its public consultation on the ‘Data Economy’. This comes at a time when different regulators are increasingly discussing the importance of big data, including the opportunities and risks that it brings about, how these may evolve, and how (and increasingly who should take the responsibility) to regulate. While the data protection and competition authorities have so far been most vocal in this deepening regulatory debate, the opening of this consultation represents a clear and decisive move by European telecom regulators to ‘throw their hat’ into the ring and get included in the discussion – and potentially future regulation – of Europe’s data economy.

All interested stakeholders, including public organisations, industry actors, consumers, associations, academics, financial advisers, and other stakeholders with expertise or interest in the data economy are strongly encouraged to have their say. BEREC’s consultation video can be accessed here, and the consultation is open until 21 November 2018.

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AI Update: Senators Introduce AI in Government Bill

On September 26, a bipartisan group of senators introduced the Artificial Intelligence in Government Act, legislation that would direct certain executive agencies to specifically research and consider AI applications and strategy, as well as create an advisory board to address AI policy and issues. The bill’s sponsors cited both the promises and risks of AI as significant motivations for the proposed legislation.

Senators Cory Gardner (R-CO), Kamala Harris (D-CA), Rob Portman (R-OH), and Brian Schatz (D-HI) introduced the initial draft of the bill. Each pointed to AI’s great potential across numerous facets of society, as well as the importance of proactively addressing AI’s place in government. As Senator Portman summed up, “[a]rtificial intelligence will have significant impacts for our country, economy, and society. Ensuring that our government has the capabilities and expertise to help navigate those impacts will be important in the coming years and decades. . . . [T]his bipartisan legislation [ensures that] our government understands the benefits and pitfalls of this technology as it engages in a responsible, accountable rollout of AI.” Continue Reading

California Adopts Net Neutrality Law; Court Hearing Scheduled for Nov. 14

On September 30, California Governor Jerry Brown signed a bill to apply net neutrality rules to Internet Service Providers (“ISPs”) operating in that state.  California is not the first state to enact legislation on net neutrality, but its bill contains the most stringent requirements yet.  The Trump Administration and multiple ISPs have sued to prevent the new law from going into effect, arguing that it conflicts with federal law.  The first hearing on the legal challenge will take place on November 14.

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IoT and AI Update: California Legislature Passes Bills on Internet of Things, Artificial Intelligence, and Chatbots

The California legislature recently passed three bills meant to address rapidly-developing technologies including the Internet of Things, artificial intelligence (AI), and chatbots.

Internet of Things. At the end of August, California became the first state to promulgate regulations requiring security features for Internet-connected devices. Senate Bill 327 requires that a manufacturer of a connected device equip the device with “reasonable security features” that are (1) appropriate to the nature and function of the device; (2) appropriate to the information it may collect, contain, or transmit; and (3) designed to protect the device and any information contained therein from unauthorized access, destruction, use, modification, or disclosure. Continue Reading

AI Update: A Discussion on Global Innovation and Singapore

On September 25, 2018, Lee Tiedrich, the co-chair of Covington’s global Artificial Intelligence (“AI”) Initiative,  participated in a roundtable discussion on the future of innovation, the challenges of the Fourth Industrial Revolution, and the need for multidisciplinary approaches involving the entire eco-system to address the adoption of new technologies in society. She was joined by Singapore’s Ambassador to the United States, Ashok Kumar Mirpuri, and Dean of the Duke University Fuqua School of Business, Bill Boulding.

This program began with a discussion of Singapore’s growth over the last sixty years into a global innovation hub. The Ambassador shared lessons from Singapore’s growth since the 1960s and its investment in its future through Smart Cities partnerships, transportation, and education. He stressed Singapore’s emphasis on building a fertile ground for international investment and innovation to prosper.

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