The Federal Trade Commission (FTC), on a split party vote on August 11, approved an Advanced Notice of Proposed Rulemaking (the Notice) that focuses on potential new rules and requirements that could apply to entities engaged in targeted advertising or other forms of personal information gathering and sharing. Once this Notice is published in the Federal Register, the public will have 60 days to comment on the merits of the proposed new rules. There is also a public forum on the Notice slated to take place on September 8. The FTC’s action comes on the heels of legislative attempts to codify federal privacy protections that have yet to come to fruition.
Author: Discerning Data Editorial Board
Ransomware Payments Become an Even Riskier Choice Amidst the Ever-Growing Sanctions List
In February 2022, Executive Order 14024 highlighted that Russia’s invasion of Ukraine threatened not only Ukraine but also the national security and foreign policy of the United States. Pursuant to this executive order, and in the face of national security concerns, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) has instituted extensive sanctions, including both economic and trade sanctions. Also, in response to the national security concerns, the Cybersecurity and Infrastructure Security Agency (CISA) issued a Shields Up notice, urging companies to bolster their cybersecurity to protect themselves against the threat of a cyberattack.
As the conflict between Russia and Ukraine continues, the threat of a cyberattack, specifically ransomware and NotPetya-style attacks, remains top of mind. However, as entities continue to bolster their cybersecurity and protect themselves against these attacks, they should be cognizant of the implications that OFAC sanctions may have in connection with such an attack.
Progress on Federal Privacy Legislation, but Still a Long Way to Go
A bipartisan group of legislators in Washington, D.C., recently released a discussion draft of a federal privacy bill — the American Data Privacy and Protection Act (ADPPA). This draft bill reaches compromise positions on two key issues that have been the largest obstacles to passing such legislation: state preemption and a private right of action. This discussion draft preempts most comprehensive state privacy laws and includes a narrow and limited private right of action. The compromises on these issues in the bill, however, are likely to draw criticism from both Democrats and Republicans, along with industry and privacy advocates.
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Russia, Cybersecurity & Government Contracting – Faegre Drinker on Law and Technology Podcast
Russia’s invasion of Ukraine has created a host of challenges for the U.S. government to address, including the need to prepare for potential Russian cyberattacks and questions about how to handle Russian connections to supply chains and government contracts. In this episode of the Faegre Drinker on Law and Technology Podcast, host Jason G. Weiss sits down with Faegre Drinker partners Dana Pashkoff and Jessica Abrahams to unpack the thorny issues at the nexus of Russia, cybersecurity and U.S. government activity.
What Is Algorithmic Bias? Why Is It Important? – Faegre Drinker on Law and Technology Podcast
Chances are good that your organization uses algorithms or artificial intelligence to help make business decisions — and that regulatory efforts targeting these automated decision-making systems, including their potential to produce unintended bias, have caught your attention. In this episode of the Faegre Drinker on Law and Technology Podcast, host Jason G. Weiss sits down with Bennett Borden, Faegre Drinker’s chief data scientist and co-founder of the firm’s artificial intelligence and algorithmic decision-making (AI-X) team, to discuss algorithmic bias and what companies should know about the latest regulatory developments.
Faegre Drinker on Law and Technology Podcast: The CCPA, CPRA and the Future of Privacy Laws
The California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA) are the most comprehensive privacy rights laws passed in any state — and are widely viewed as potential models for future privacy laws. In this episode of the Faegre Drinker on Law and Technology Podcast, host Jason G. Weiss sits down with former Faegre Drinker associate Michael Jaeger, an authority on the California privacy landscape, to take a deeper look at these sweeping laws, how they are being enforced and the effect they have had on impacted businesses.