Assistant Attorney General of the U.S. Department of Justice (DOJ), Antitrust Division, Makan Delrahim recently spoke at the University of Chicago’s Antitrust and Competition Conference and discussed how U.S. antitrust law should treat “big data.” According to Delrahim, antitrust law is “flexible enough to address competition issues from emerging platforms,” including large tech companies like Google and Facebook that possess significant market share within their lines of business and simultaneously aggregate vast sums of personal data from consumers.
Year: 2018
Senate Confirms All Five Nominees to the FTC
The Senate officially confirmed the five nominees to the Federal Trade Commission on April 26. As noted in previous blogs, Joseph Simons will become the new chairman and Joshua Phillips, Rebecca Slaughter and Rohit Chopra will join the Commission immediately.
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Sedona Conference Working Group on Data Security and Privacy Liability Releases Draft Incident Response Guide
The Sedona Conference®, a nonprofit research and educational think tank dedicated to the advanced study of law, particularly in information governance, has released its Incident Response Guide , open for public comment through June 19, 2018. Drafted by Working Group on Data Security and Privacy Liability (WG11), the guide is meant to serve as a practical resource for practitioners dealing with the legal, technical, and policy issues related to data-related incidents – from distributed denial-of-service to ransomware attacks.
US FDA Approaches to Artificial Intelligence
Artificial Intelligence (AI) can be employed in a health care setting for a variety of tasks, from managing electronic health records at a hospital, to market research at a benefits management organization, to optimizing manufacturing operations at a pharmaceutical company. The level of regulatory scrutiny of such systems depends on their intended use and associated risks.
In the U.S., for medical devices using AI, one of the key regulatory bodies is the Food and Drug Administration (FDA), especially its Center for Devices and Radiological Health (CDRH). CDRH has long followed a risk-based approach in its regulatory policies, and has officially recognized ISO Standard 14971 “Application of Risk Management to Medical Devices.” That standard is over 10 years old now, and therefore is currently undergoing revisions – some of which are meant to address challenges posed by AI and other digital tools that are flooding the medical-devices arena.
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Ninth Circuit Rules in Travelers Case, Involving Social Engineering Fraud and Cyber Insurance
The 9th U.S. Circuit Court of Appeals affirmed the district court’s ruling in Aqua Star (USA) Corp., vs Travelers Casualty and Surety Company of America. The case involved fraudulent emails purporting to be from the insured’s suppliers directing that the insured direct its payments to a new account purportedly opened by that supplier. Based on that fraudulent communication, the insured transferred $713,890 due its supplier to the fraudulent “new account.”
FTC Announces Expanded Settlement with Uber
The FTC withdrew its August 2017 administrative complaint and proposed consent agreement with Uber Technologies, Inc. (Uber) and issued a revised complaint against Uber Technologies, Inc. Uber has accepted a revised proposed consent agreement which will be subject to public comment for 30 days.
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