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Kyle Dull

Last week was a busy one for AI regulation. The week started and ended with big news from Colorado: on Monday, Colorado’s legislature passed “Concerning Consumer Protections in Interactions with Artificial Intelligence Systems” (SB 24-205) (Colorado AI Law) and, on Friday, Governor Jared Polis (D) signed the Colorado AI Law “with reservations” according to his letter to Colorado’s legislature. Although the Colorado legislature is the first U.S. lawmaker to pass general AI legislation, Colorado’s Governor has expressly invited Congress to replace the Colorado AI Law with a national regulatory scheme before the Colorado AI Law’s February 1, 2026, effective date.Continue Reading All Eyes on AI: Colorado Governor Throws Down the Gauntlet on AI Regulation After Colorado General Assembly Passes the Nation’s First AI Law

This week, House Committee on Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and Senate Committee on Commerce, Science and Transportation Chair Maria Cantwell (D-WA) unveiled their bipartisan, bicameral discussion draft of the American Privacy Rights Act (APRA draft).[1] Chair Rodgers’ and Chair Cantwell’s announcement of the APRA draft surprised many congressional observers after comprehensive privacy legislation stalled in 2022.Continue Reading April’s APRA: Could Draft Privacy Legislation Blossom into Law in 2024?

Acting expeditiously in part in response to recent events, the Federal Communications Commission (“FCC”) declared on February 8 that the Telephone Consumer Protection Act’s “restrictions on the use of ‘artificial or prerecorded voice’ encompass current [artificial intelligence (“AI”)] technologies that generate human voices.” Therefore, the FCC ruled “calls that use such technologies fall under the TCPA and the [FCC’s]…implementing rules and…require the prior express consent of the called party to initiate such callas absent an emergency purpose or exemption.” If telemarketing is involved, prior express written consent is required. However, contrary to other media reports, the FCC ruling neither bans use of AI, nor even requires consent to use AI to create content that is in text or that is subsequently converted into artificial voice. Rather, it merely equates AI-voice generation to other forms of artificial or prerecorded voice messages for TCPA consent purposes. Since prior express consent to use of artificial or prerecorded voice messages is what the TCPA requires, that is what the consent should cover. However, it is advised that the use of AI to generate such audio content should also be disclosed as part of the consent.Continue Reading FCC Rules Voice-Cloned Robocalls Are Covered by the TCPA as Artificial/Pre-Recorded

As state legislation increasingly regulates sensitive data, and expands the concepts of what is sensitive, the Federal Trade Commission (“FTC” or “Commission”) is honing-in on sensitive data processing in expanding its unfairness authority in relation to privacy enforcement. The FTC’s recent enforcement activities regarding location aware data is a good example. As we have previously reported here and here, Kochava, an Idaho-based data broker, is currently embroiled in a federal lawsuit with the Commission that has the potential to redefine the legal bounds of sensitive data collection, use and sharing and the data brokering industries on a federal level.Continue Reading Sensitive Data Processing is in the FTC’s Crosshairs

On January 18, during a luncheon fireside chat at the California Lawyers Association’s UCL Institute event in Los Angeles, Federal Trade Commission (“FTC”) Bureau of Consumer Protection Director Samuel Levine shared his insights on what data practices are of concern to him and to the FTC.  Companies should take heed of his comments, the highlights

On January 8, New Jersey’s General Assembly and Senate passed a consumer privacy bill, S332, which would grant New Jersey residents several rights, and obligate controllers and processors of New Jersey residents to take action. The law is similar to consumer privacy laws passed last year in other states, with some distinctions.


The Federal Communications Commission (“FCC” or “Commission”), at its Open Meeting on December 13, 2023, approved new rules under the Telephone Consumer Protection Act (“TCPA”) regarding texting that will impact many marketers. The rule changes adopted in the Second Report and Order (“Order”) are part of the agency’s ongoing efforts to combat “unwanted and illegal calls,” announcing a “comparatively new focus of combatting unwanted and illegal text messages.” The FCC finds that the “increase of unwanted and illegal texts … frustrate consumers, and scam texts can cause serious harm.”Continue Reading FCC Restricts Lead Gen and Makes Other Telemarketing Reforms

In 2020, when the California Consumer Privacy Act (CCPA) came into effect, the privacy landscape in the US changed forever. Fast forward three years, we now have close to a dozen states that have passed consumer privacy laws, with the second generation of consumer privacy laws giving particular attention to sensitive data. In particular, there is an emerging trend, in both new legislation and enforcement of existing privacy and consumer protection regimes, towards a focus on the collection, use, and sharing or selling of health-related personal information, specifically information that is outside the scope of the federal Health Insurance Portability and Accountability Act (HIPAA).[1] The effect is a restriction on what publishers, advertisers, and other commercial enterprises can do with consumer health information, often broadly defined to include any past, present or future health status or inference regardless of sensitivity (e.g., acne or a headache). These developments include:
Continue Reading Health (and Health-ish) Data and Advertising Under Scrutiny

On June 6, 2023, the governor signed the Florida Digital Bill of Rights into law. We previously covered the consumer privacy bill here. The law targets larger companies because a “controller” must have $1 billion in global gross revenue, plus one of the following:

  1. 50% of global gross revenue comes from the sale of