2024

In late August, the California legislature passed two bills that would limit the creation or use of “digital replicas,” making California the latest state to seek new protections for performers, artists, and other employees in response to the rise of AI-generated content.  These state efforts come as Congress considers the NO FAKES Act (S.

Updated September 20, 2024.  Originally posted September 11, 2024.

On September 17, California Governor Gavin Newsom (D) signed two bills into law that limit the creation or use of “digital replicas,” making California the latest state to establish new protections for performers, artists, and other employees in response to the rise of AI-generated content.  These…

This is part of an ongoing series of Covington blogs on the implementation of Executive Order No. 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “AI EO”), issued by President Biden on October 30, 2023.  The first blog summarized the AI EO’s key provisions and related OMB guidance, and subsequent…

The California Invasion of Privacy Act (CIPA) provides a private right of action only to those who have “been injured by a violation of” CIPA.  A California Superior Court decision, Rodriguez v. Fountain9, Inc., 2024 WL 3886811, at *4 (Cal. Super. July 9, 2024), confirmed that a plaintiff cannot satisfy this statutory standing requirement unless…

On August 29, 2024, the Federal Communications Commission (the “Commission”) adopted rules (the “Order”) enabling licensed initial drone operations in the 5 GHz spectrum band, allowing for reliable and protected wireless communications necessary for controlling “uncrewed aircraft systems” (“UAS”). The Order is an initial step in the Commission’s phased approach to developing licenses and service…

On 18 July 2024, Ursula von der Leyen, the current President of the European Commission (“Commission”), was reconfirmed by the European Parliament for a second term. Ahead of her reconfirmation, President von der Leyen delivered a speech before the European Parliament, accompanied by a 30-page program (the “Guidelines”) that lays down the next five-year policy…

On September 4, DoD published a proposed rule updating the other transaction (OT) regulations set forth in 32 CFR part 3.  These updates are intended to implement various changes to the prototype OT statute (42 U.S.C § 4022) previously enacted by Congress.  Among other things, those changes included:

  • An expansion of the “appropriate circumstances” under

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This is part of 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 subsequent blogs described the actions taken by various government agencies to implement…