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Data Matters
Cybersecurity, Privacy, Data Protection, Artificial Intelligence, Internet Law, and Policy
New Hampshire’s Comprehensive Data Privacy Legislation
As the state boasting the headquarters of the International Association of Privacy Professionals, many have been watching the development of the New Hampshire comprehensive consumer data privacy law with great interest, wondering if it may be a practical model for the nation. On March 6, 2024, Governor Chris Sununu signed SB 255-FN (“the Act”) into law. In some respects, New Hampshire’s privacy law is comparatively more moderate than some other state laws. For instance, the New Hampshire Secretary of State’s rulemaking authority under the Act is currently limited to establishing requirements for privacy notices. This narrow extension of rulemaking authority is a divergence from the broad rulemaking authority granted by California, Colorado, and other states. The New Hampshire law does not allow for a private right of action. There is a right to cure alleged violations through the first year the law is in force; afterwards, the opportunity to cure is left to the Attorney General’s discretion. The legislation will take effect on January 1, 2025.
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Colleen Theresa Brown
Washington, D.C.
cbrown@sidley.com
Ben Cross
Chicago
bcross@sidley.com
Joyce Yeager
Knowledge Management Lawyer
jyeager@sidley.com
EU Formally Adopts World’s First AI Law
On March 13, 2024, the European Parliament formally adopted the EU Artificial Intelligence Act (“AI Act”) with a large majority of 523-46 votes in favor of the legislation. The AI Act is the world’s first horizontal and standalone law governing AI, and a landmark piece of legislation for the EU.
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William RM Long
London
wlong@sidley.com
Lauren Cuyvers
Brussels
lcuyvers@sidley.com
Matthias Bruynseraede
London
mbruynseraede@sidley.com
Subhalakshmi Kumar
FTC Proposes Significant and Sweeping Changes to COPPA and Requests Public Comment
On January 11, 2024, the Federal Trade Commission (“FTC”) published its Notice of Proposed Rule Making (“NPRM”) seeking to update the FTC’s Children’s Online Privacy Protection Act (“COPPA”) Rule in the Federal Register. Among other things, the proposed changes would require more granular privacy notices, require fairly detailed identification of, and parental consent to, third-party data sharing (including targeted advertising), expand the scope of personal information subject to COPPA, make it easier for parents to provide consent via text message, clarify various requirements around EdTech, including school authorization for parental consent, and impose significant new programmatic information security and data retention requirements.
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Colleen Theresa Brown
Washington, D.C.
cbrown@sidley.com
Sasha Hondagneu-Messner
New York
shondagneumessner@sidley.com
UK and Australian Governments Sign “world-first” Online Safety and Security Memorandum of Understanding
On 20 February 2024, the UK Government and the Australian Federal Government co-signed a historic Online Safety and Security Memorandum of Understanding (MoU) signifying the bilateral cooperation between the two countries to help boost their respective online safety regimes. Notably, this is the first arrangement of its kind, with the MoU intending to encompass a wide range of digital online safety and security issues. These include illegal content, child safety, age assurance, technology facilitated gender-based violence, and addressing harms caused by rapidly evolving technologies, such as generative artificial intelligence.
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William RM Long
London
wlong@sidley.com
Denise Kara
U.S. Department of Justice Signals Tougher Enforcement Against Artificial Intelligence Crimes
U.S. Deputy Attorney General Lisa Monaco signaled robust future enforcement by the Department of Justice (DOJ) against crimes involving, and aided by, artificial intelligence (AI) in her remarks at Oxford University last week and reiterated shortly thereafter at the Munich Security Conference.
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Data Matters Contributors
sidleyprivacyblog@sidley.com
The U.S. Plans to ‘Lead the Way’ on Global AI Policy
Policymakers around the world took significant steps toward regulating artificial intelligence (AI) in 2023. Spurred by the launch of revolutionary large language models such as OpenAI’s GPT series of models, debates surrounding the benefits and risks of AI have been brought into the foreground of political thought. Indeed, over the past year, legislative forums, editorial pages, and social media platforms were dominated by AI discourse. And two global races have kicked into high gear: Who will develop and deploy the most cutting-edge, possibly risky AI models, and who will govern them? In this article, published by the Lawfare Institute in cooperation with Brookings, Sidley lawyers Alan Charles Raul and Alexandra Mushka suggest that “the United States intends to run ahead of the field on AI governance, analogous to U.S. leadership on cybersecurity rules and governance—and unlike the policy void on privacy that the federal government has allowed the EU to fill.”
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Alan Charles Raul
Washington, D.C., New York
Alexandra T. Mushka
Washington, D.C.
amushka@sidley.com
UK Publishes Cyber Governance Code of Practice for Consultation
On 23 January 2024, the UK government published its draft Cyber Governance Code of Practice (the “Code”) to help directors and other senior leadership boost their organizations’ cyber resilience. The draft Code, which forms part of the UK’s wider £2.6bn National Cyber Strategy, was developed in conjunction with several industry experts and stakeholders – including the UK National Cyber Security Centre. The UK government is seeking views from organizations on the draft Code by 19 March 2024.
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Francesca Blythe
London
fblythe@sidley.com
Eleanor Dodding
London
edodding@sidley.com
Matthias Bruynseraede
London
mbruynseraede@sidley.com
New Know-Your-Customer and Reporting Rules Proposed for Cloud Providers: Five Key Takeaways
Last week, the U.S. Department of Commerce published a notice of proposed rulemaking (NPRM) implementing Executive Orders (EO) 13984 and 14110 to prevent “foreign malicious cyber actors” from accessing U.S. infrastructure as a service products1 (IaaS Rule). The IaaS Rule seeks to strengthen the U.S. government’s ability to track “foreign malicious cyber actors” who have relied on U.S. IaaS products to steal intellectual property and sensitive data, engage in espionage activities, and threaten national security by attacking critical infrastructure.
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Jen Fernandez
Washington, D.C.
jen.fernandez@sidley.com
Kayla M. Scott
Heather Hedges
Allison V. Reading
Washington, D.C.
areading@sidley.com
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