Government

Unless Congress reaches an agreement to keep the lights on, the U.S. government appears headed for a shutdown at midnight on October 1.  As the deadline looms, stakeholders should not let the legislative jockeying overshadow another consequence of a funding lapse: regulatory delay.  Under normal circumstances, federal agencies publish thousands of rules per year, covering agriculture, health care, transportation, financial services, and a host of other issues.  In a shutdown, however, most agency proceedings to develop and issue these regulations would grind to a halt, and a prolonged funding gap would lead to uncertainty for stakeholders, particularly as the 2024 elections approach.  Another consequence is that more regulations could become vulnerable to congressional disapproval under the Congressional Review Act (CRA).Continue Reading Looming Shutdown Elevates Congressional Review Act Threat for New Regulations

On May 1, 2019, the UK’s Department for Digital, Culture, Media and Sport (“DCMS”) launched a public consultation (“Consultation”) regarding plans to pursue new laws aimed at securing internet connected devices. The Consultation follows the UK’s publication of its final Code of Practice for Consumer IoT Security (“Code of Practice”) last October (the subject of another Covington blog available here) and is targeted at device manufacturers, IoT service providers, mobile application developers, retailers and those with a direct or indirect interest in the field of consumer IoT security.
Continue Reading IoT Update: The UK Announces Plans for New Connected Device Laws

On 20 November 2018, the UK government published its response (the “Response”) to the June 2018 consultation (the “Consultation”) regarding the proposed new Centre for Data Ethics and Innovation (“DEI”). First announced in the UK Chancellor’s Autumn 2017 Budget, the DEI will identify measures needed to strengthen the way data and AI are used and regulated, advising on addressing potential gaps in regulation and outlining best practices in the area. The DEI is described as being the first of its kind globally, and represents an opportunity for the UK to take the lead the debate on how data is regulated.
Continue Reading IoT Update: The UK Government’s Response to Centre for Data Ethics and Innovation Consultation

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 AI Update: Senators Introduce AI in Government Bill