Digital Technology

This year, Congress is steadily progressing towards enacting meaningful legislation on artificial intelligence (AI) for the first time. At the end of 2023, Senate Majority Leader Chuck Schumer (D-NY) and his “Gang of Four” (Senators Todd Young (R-IN), Martin Heinrich (D-NM), and Mike Rounds (R-SD)) concluded their AI Insight Forums, a series of sessions where

2023 has swiftly become the year of the U.S. National Cybersecurity Strategy.  On March 2, 2023, the Biden Administration issued its National Cybersecurity Strategy brief, outlining its vision to: (1) defend critical infrastructure; (2) disrupt and dismantle threat actors; (3) shape market forces to drive security and resilience; (4) invest in a resilient future; and (5) forge international partnerships to pursue shared goals. In furtherance of the goal to defend critical infrastructure, the U.S. Cybersecurity and Infrastructure Security Agency (CISA) released “Shifting the Balance of Cybersecurity Risk: Principles and Approaches for Security-by-Design and -Default” (the “Report”), on April 13.

Calling the current state of technology “vulnerable by design,” the Report aims to encourage technology manufacturers to integrate security into their products from the ground up, factoring security into product development beginning at the design phase.  In addition to the CISA, several American security agencies (the National Security Agency and Federal Bureau of Investigation) and international cybersecurity agencies (from Australia, Canada, the United Kingdom, Germany, the Netherlands, and New Zealand) collaborated to provide a unified recommended approach to the development of both software and hardware.  Below, we break down what the Report means for the tech sector.Continue Reading New CISA Guidelines Lay Out Unified International Principles on Security-by-Design and Security-by-Default

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Law360 Publishes “CFPB’s Hazy ‘Abuse’ Definition Creates Compliance Questions” Article by Keith Bradley and David Coats | Privacy World

Governor

Since October 1, 2022, new obligations relating to the warranties of conformity and of hidden defects, as well as new warranties for digital content and services, have come into force and require the update of the consumer Terms and Conditions.

Context

The changes were made by the decree n°2022-946 of June 29, 2022, “relating to the statutory warranty of conformity for goods, digital content and digital services,” which came into effect on October 1, 2022.

This decree revises and completes the regulatory provisions of the French consumer code following the reform carried out by Ordinance No. 2021-1247 of September 29, 2021, which transposed European Directives (EU) 2019/770 “on certain aspects concerning contracts for the supply of digital content and digital services” and (EU) 2019/771 “on certain aspects concerning contracts for the sale of goods.”

The objective of these texts is to modernize the statutory warranty of conformity and consumer contracts to strengthen consumer protection and create a statutory warranty for the provision of digital content or digital services.Continue Reading Have You Updated Your French B2C T&Cs Yet?

CPW’s Kristin BryanScott Warren, and James Brennan will be key speakers at the Global Legal ConfEx on “GRC, Data Privacy & Cyber Security” on Thursday, November 17, 2022, in San Francisco.  
Continue Reading CPW’s Kristin Bryan, Scott Warren, and James Brennan to Speak at Conference on Data Privacy, Cybersecurity, and Governance, Risk & Compliance

On Tuesday, October 18, Squire Patton Boggs (SPB) joined forces with the Association of Corporate Counsel (ACC) to provide a deep dive into “Publicity and Privacy Issues for Media and Advertising” during the ACC’s Sports and Entertainment Conference.
Continue Reading Webinar Recording Available: “Publicity and Privacy Issues for Media and Advertising”

Kyle Fath, partner in the firm’s Data Privacy, Cybersecurity & Digital Assets group and Los Angeles Office, was appointed this month to serve on the Connecticut Data Privacy Act (CTDPA) working group by the joint standing committee of the Connecticut General Assembly.
Continue Reading Kyle Fath appointed to Connecticut Privacy Legislation Working Group

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

2023 State Privacy Laws: How to Assess and Ensure Readiness by Year-end

Malcolm Dowden and Niloufar Massachi Discuss Vendor

The Federal Trade Commission (FTC) has released a staff reportBringing Dark Patterns to Light, which discusses misleading and manipulative design practices—dark patterns—in web and mobile apps. These design choices take advantage of users’ cognitive biases to influence their behavior and prevent them from making fully informed decisions about their data and purchases. Dark patterns are employed to get users to surrender their personal information, unwittingly sign up for services, and purchase products they do not intend to purchase. The consequences of dark patterns have been increasingly noticed in the regulatory and legislative sphere, both in the United States and Europe
Continue Reading Dark Patterns under the Regulatory Spotlight Again

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

CPW’s Shea Leitch and Kyle Dull to Speak at ACC South Florida’s 12th Annual CLE Conference

CPW’s David Oberly