This quarterly update summarizes key legislative and regulatory developments in the fourth quarter of 2022 related to Artificial Intelligence (“AI”), the Internet of Things (“IoT”), connected and autonomous vehicles (“CAVs”), and data privacy and cybersecurity.
Continue Reading U.S. AI, IoT, CAV, and Privacy Legislative Update – Fourth Quarter 2022
In the final days of 2022, President Biden signed into law the “Quantum Computing Cybersecurity Preparedness Act”. The Act recognizes that current encryption protocols used by the federal government might one day be vulnerable to compromise as a result of quantum computing, which could allow adversaries of the United States to steal sensitive encrypted data. To address these concerns, the Act will require an inventory and prioritization of vulnerable information technology in use by federal agencies; a plan to migrate existing information technology systems; and reports to Congress on the progress of the migration and funding required.
Continue Reading President Biden Signs Quantum Computing Cybersecurity Preparedness Act
On November 3, the FTC announced that it entered into a significant $100 million settlement with Vonage to resolve allegations relating to the internet phone service provider’s sales and autorenewal practices. The FTC alleged that Vonage violated both the FTC Act and the Restore Online Shoppers’ Confidence Act (ROSCA) by failing to provide a simple cancellation mechanism, failing to disclose material transaction terms prior to obtaining consumers’ billing information, and charging consumers without consent.
Continue Reading FTC Flexes ROSCA Muscle with $100 Million “Dark Patterns” Settlement with Vonage
This quarterly update summarizes key legislative and regulatory developments in the third quarter of 2022 related to Artificial Intelligence (“AI”), the Internet of Things (“IoT”), connected and autonomous vehicles (“CAVs”), and data privacy and cybersecurity.
This quarter, Congress has continued to focus on the American Data Privacy Protection Act (“ADPPA”) (H.R. 8152), which
On September 12, 2022, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) published a Request for Information, seeking public comment on how to structure implementing regulations for reporting requirements under the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (“CIRCIA”). Written comments are requested on or before November 14, 2022 and may be submitted through the Federal eRulemaking Portal: http://www.regulations.gov.
On July 5, 2022, the Cybersecurity and Infrastructure Security Agency (“CISA”) and the National Institute of Standards and Technology (“NIST”) strongly recommended that organizations begin preparing to transition to a post-quantum cryptographic standard. “The term ‘post-quantum cryptography’ is often referred to as ‘quantum-resistant cryptography’ and includes, ‘cryptographic algorithms or methods that are assessed not to be specifically vulnerable to attack by” a CRQC (cryptanalytically relevant quantum computer) or a classical computer. NIST “has announced that a new post-quantum cryptographic standard will replace current public-key cryptography, which is vulnerable to quantum-based attacks.” NIST does not intend to publish the new post-quantum cryptographic standard for commercial products until 2024 but urges companies to begin preparing now by following the Post-Quantum Cryptography Roadmap.
This is the seventh in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the second, third, fourth, fifth, and sixth blogs described the actions taken by various government agencies to implement the EO during June, July, August, September, and October 2021, respectively. This blog summarizes the key actions taken to implement the Cyber EO during November 2021.
Although most of the developments in November were directed at U.S. Government agencies, the standards being developed for such agencies could be imposed upon their contractors or otherwise be adopted as industry standards for all organizations that develop or acquire software.
Continue Reading November 2021 Developments Under President Biden’s Cybersecurity Executive Order
On May 12, the Biden Administration issued an “Executive Order on Improving the Nation’s Cybersecurity.” The Order seeks to strengthen the federal government’s ability to respond to and prevent cybersecurity threats, including by modernizing federal networks, enhancing the federal government’s software supply chain security, implementing enhanced cybersecurity practices and procedures in the federal government, and creating government-wide plans for incident response. The Order covers a wide array of issues and processes, setting numerous deadlines for recommendations and actions by federal agencies, and focusing on enhancing the protection of federal networks in partnership with the service providers on which federal agencies rely. Private sector entities, including federal contractors and service providers, will have opportunities to provide input to some of these actions.
Continue Reading President Biden Signs Executive Order Aimed at Improving Government Cybersecurity
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
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)