Chambers 2024 Global Practice Guides for Data Protection & Privacy and Cybersecurity

The newest editions of the Chambers Global Practice Guides have been published and, once again, Sidley lawyers have contributed to two guides: Data Protection & Privacy 2024 and Cybersecurity 2024. These publications cover important developments across the globe and offer insightful legal commentary for businesses on issues related to data privacy and cybersecurity, such as regulatory enforcement and litigation, global cooperation to combat cybercrime, international agreement on ‘Software Security by Design,’ a global approach to policy on artificial intelligence, and more. Sidley partner Alan Charles Raul is a contributing editor to both guides in addition to authoring the introductions. The UK chapters of Cybersecurity 2024, covering “UK Law and Practice” and “UK Trends and Development” were authored by Sidley lawyers William Long, Francesca Blythe, Denise Kara, and Eleanor Dodding.


Regulatory Update: National Association of Insurance Commissioners Spring 2024 National Meeting

The National Association of Insurance Commissioners (NAIC) held its Spring 2024 National Meeting (Spring Meeting) March 15 through 18, 2024. This Sidley Update summarizes the highlights from this meeting in addition to interim meetings held in lieu of taking place during the Spring Meeting. Highlights include proposed updates to the regulatory review process for affiliated investment management agreements, continued discussion of considerations related to private equity ownership of insurers, and continued development of accounting principles and investment limitations related to certain types of bonds and structured securities.


FinCEN Seeks Input on Banks’ Collecting Partial Social Security Numbers for Customer Identification Programs

On March 28, 2024, the Financial Crimes Enforcement Network (FinCEN), in consultation with the U.S. banking agencies and the National Credit Union Administration, issued a request for information (RFI) regarding the customer identification program (CIP) requirement for depository institutions (referred to herein as banks) to collect tax identification numbers (TINs).Comments are due by May 28, 2024.


District Court Finds Communications Decency Act Provides Automotive Device Manufacturer Immunity for Clean Air Act Violations

On March 28, 2024, in US v. EZ Lynk, the U.S. District Court for the Southern District of New York dismissed the Department of Justice’s (DOJ) claim that an automotive device manufacturer violated Section 203 of the Clean Air Act (CAA), holding that Section 230 of the Communications Decency Act (CDA) provided complete immunity from CAA liability for the sale of certain aftermarket automotive devices. This decision of first impression offers an important precedent in the automotive industry and beyond. The decision gives effect to the CDA as drafted and will make it significantly harder for the government to hold manufacturers and online retailers liable for content, including software, created and sold by third parties.


Cybersecurity Takeaways From White House Tech Report

On Feb. 26, the White House’s Office of the National Cyber Director (ONCD), released a report on how technology manufacturers and software developers can improve the cybersecurity posture of the U.S. This report, “Back to the Building Blocks: A Path Toward Secure and Measurable Software,” aligns with the Biden administration’s current, intense focus on combatting ever-increasing cyberthreats through software development and software manufacturer accountability. In this article, published by Law360 on March 26, Sidley lawyers Alan Charles Raul, Stephen McInerney and Vishnu Tirumala discuss the ONCD report and provide key take-aways for software developers and manufacturers, their senior management, and boards.


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.


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.


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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<a target=‘_blank’ href="">Kwaku A. Akowuah</a>

Kwaku A. Akowuah

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Sheila A.G. Armbrust

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Francesca Blythe

<a target=‘_blank’ href="">Colleen Theresa Brown</a>

Colleen Theresa Brown

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John M. Casanova

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Thomas D. Cunningham

<a target=‘_blank’ href="">Sharon R. Flanagan</a>

Sharon R. Flanagan

San Francisco, Palo Alto
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David A. Gordon

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Tomoki Ishiara

<a target=‘_blank’ href="">Robert D. Keeling</a>

Robert D. Keeling

Washington, D.C.
<a target=‘_blank’ href="">Amy P. Lally</a>

Amy P. Lally

Century City
<a target=‘_blank’ href="">David C. Lashway</a>

David C. Lashway

Washington, D.C.
<a target=‘_blank’ href="">William RM Long</a>

William RM Long

<a target=‘_blank’ href="">Joan M. Loughnane</a>

Joan M. Loughnane

New York
<a target=‘_blank’ href="">Geeta Malhotra</a>

Geeta Malhotra

<a target=‘_blank’ href="">Glenn G. Nash</a>

Glenn G. Nash

Palo Alto
<a target=‘_blank’ href="">Rollin A. Ransom</a>

Rollin A. Ransom

Los Angeles
<a target=‘_blank’ href="">Alan Charles Raul</a>

Alan Charles Raul

Washington, D.C., New York
<a target=‘_blank’ href="">Jennifer B. Seale</a>

Jennifer B. Seale

Washington, D.C.
<a target=‘_blank’ href="">Yuet Ming Tham</a>

Yuet Ming Tham

Singapore, Hong Kong
<a target=‘_blank’ href="">Jonathan M. Wilan</a>

Jonathan M. Wilan

Washington, D.C.
<a target=‘_blank’ href="">John W. Woods Jr.</a>

John W. Woods Jr.

Washington, D.C.


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