On March 25, 2024, Maine Governor Janet Mills signed into law LD 2234, which amends the state’s telephone solicitation statute to prohibit telephone solicitors from “fail[ing] to use the reassigned numbers database to verify that a consumer’s telephone number has not been reassigned prior to initiating a telephone sales call to that consumer.” The bill defines “reassigned numbers database” as the “database created and maintained by the Federal Communications Commission that identifies whether a telephone number has been reassigned.”
Continue Reading Maine Enacts New Telemarketing Law Requiring Use of FCC Reassigned Numbers DatabaseFTC Amends its Telemarketing Sales Rule; Proposes Additional Changes
On March 7, 2024, the Federal Trade Commission (“FTC”) announced amendments to its Telemarketing Sales Rule (“TSR”) to apply certain of its provisions to business-to-business telemarketing calls, and to broaden its recordkeeping requirements. The FTC also announced a notice of proposed rulemaking (“NPRM”) that would further extend the TSR to cover inbound telemarketing calls involving technical support services.
Continue Reading FTC Amends its Telemarketing Sales Rule; Proposes Additional ChangesFCC Acts to Expand Satellite-to-Smartphone Coverage; “Supplemental Coverage from Space” Rules Will Enable Partnerships between Satellite Operators and Wireless Network Providers in the United States
On March 14, 2024, the U.S. Federal Communications Commission (FCC) adopted a licensing framework that authorizes satellite operators to partner with terrestrial wireless providers to develop hybrid satellite-terrestrial networks intended to provide ubiquitous network connectivity, including in “dead zones” and other hard-to-reach areas. These “Supplemental Coverage from Space” (SCS) rules, which the FCC first proposed last April, enable satellite operators to serve as a gap-filler in the networks of their wireless provider partners by using their satellite capability combined with spectrum previously allocated exclusively to terrestrial service.
Continue Reading FCC Acts to Expand Satellite-to-Smartphone Coverage; “Supplemental Coverage from Space” Rules Will Enable Partnerships between Satellite Operators and Wireless Network Providers in the United StatesEU Parliament Adopts AI Act
Earlier this week, Members of the European Parliament (MEPs) cast their votes in favor of the much-anticipated AI Act. With 523 votes in favor, 46 votes against, and 49 abstentions, the vote is a culmination of an effort that began in April 2021, when the EU Commission first published its proposal for the Act.
Here’s what lies ahead:
Continue Reading EU Parliament Adopts AI ActState Lawmakers Pass Flurry of AI Legislation
State lawmakers are pursuing a variety of legislative proposals aimed at regulating the development and use of artificial intelligence (“AI”). In the past two months, legislators in Florida, New Mexico, Utah, and Washington passed legislation regulating AI-generated content, and Utah’s legislature passed legislation regulating generative AI and establishing a state test bed for evaluating future AI regulations. These are just a sampling of the wave of legislative proposals advancing in states across the country.
Continue Reading State Lawmakers Pass Flurry of AI LegislationUK and Australia Agree Enhanced Cross-Border Cooperation in Online Safety and Security
On 20 February, 2024, the Governments of the UK and Australia co-signed the UK-Australia Online Safety and Security Memorandum of Understanding (“MoU”). The MoU seeks to serve as a framework for the two countries to jointly deliver concrete and coordinated online safety and security policy initiatives and outcomes to support their citizens, businesses and economies.
The MoU comes shortly after the UK Information Commissioner’s Office (“ICO”) introduced its guidance on content moderation and data protection (see our previous blog here) to complement the UK’s Online Safety Act 2023, and the commencement of the Australian online safety codes, which complement the Australian Online Safety Act 2021.
The scope of the MoU is broad, covering a range of policy areas, including: harmful online behaviour; age assurance; safety by design; online platforms; child safety; technology-facilitated gender-based violence; safety technology; online media and digital literacy; user privacy and freedom of expression; online child sexual exploitation and abuse; terrorist and violent extremist content; lawful access to data; encryption; misinformation and disinformation; and the impact of new, emerging and rapidly evolving technologies such as artificial intelligence (“AI”).
Continue Reading UK and Australia Agree Enhanced Cross-Border Cooperation in Online Safety and SecurityFCC Reinstitutes Collection of Broadcast Workforce Diversity Data
On February 22, the U.S. Federal Communications Commission (FCC) released an Order reinstating the collection of broadcast industry workforce diversity data on FCC Form 395-B and seeking comment on a similar proposal for multichannel video programming distributors (MVPDs), such as cable companies and satellite television providers. The FCC indicates that collecting this data “will allow for analysis and understanding of the broadcast industry workforce, as well as the preparation of reports to Congress about the same.”
Continue Reading FCC Reinstitutes Collection of Broadcast Workforce Diversity DataUK ICO launches a consultation on “Consent or Pay” business models
On 6 March 2024, the ICO issued a call for views on so-called “Consent or pay” models, where a user of a service has the option to consent to processing of their data for one or more purposes (typically targeted advertising), or pay a (higher) fee to access the service without their data being processed for those purposes. This is sometimes referred to as “pay or okay”.
The ICO has provided an “initial view” of these models, stating that UK data protection law does not outright prohibit them. It also sets out factors to consider when implementing these models and welcomes the views of publishers, advertisers, intermediaries, civil society, academia and other interested stakeholders. The consultation is open until 17 April 2024.
Continue Reading UK ICO launches a consultation on “Consent or Pay” business modelsThe FTC Prohibits AI-Generated Impersonation Fraud
Last month, the Federal Trade Commission (“FTC”) finalized a new rule prohibiting the impersonation of government and business entities. That same day, the FTC sought comment on a supplemental notice of proposed rulemaking (“SNPRM”) to expand the rule to prohibit the impersonation of individuals and to extend liability to parties who provide the means and instrumentalities to create unlawful impersonations. The FTC cited concerns about AI-generated deepfakes as its rationale for these actions. FTC Chair Lina Khan stated that the proposed expansions would strengthen “the FTC’s toolkit to address AI-enabled scams impersonating individuals.”
Continue Reading The FTC Prohibits AI-Generated Impersonation FraudFCC Planning to Move Forward with Voluntary IoT Labeling Program
On March 14, the Federal Communications Commission (“FCC”) is expected to approve a Report and Order (“R&O”) that would create a voluntary cybersecurity labeling program for Internet of Things (“IoT”) devices. As previewed in the Notice of Proposed Rulemaking (“NPRM”) released last August, which we covered here, this IoT Labeling Program would “provide consumers with an easy-to-understand and quickly recognizable FCC IoT Label that includes the U.S. government certification mark (referred to as the Cyber Trust Mark).”
The R&O explains that the IoT Labeling Program would “help consumers make informed purchasing decisions, differentiate trustworthy products in the marketplace, and create incentives for manufacturers to meet higher cybersecurity standards.” It provides details about the program and how manufacturers can seek authority to use the FCC IoT Label:
Continue Reading FCC Planning to Move Forward with Voluntary IoT Labeling Program