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- Internet of Things
Internet-connected devices permeate the consumer and business worlds. As the Internet of Things (IoT) expands interconnectivity, it creates legal and policy challenges for companies that develop, manufacture, support, and use connected devices.
Covington regularly counsels clients on the full spectrum of legal and policy issues associated with IoT. Our clients range from multinational companies to small, specialized entities. They operate in sectors including aerospace, defense and national security; blockchain; electronics and IT; artificial intelligence; telecommunications and spectrum; life sciences; transportation (including autonomous and connected vehicles); media, Internet, and technology; digital health; fintech and financial services; energy (including clean energy); gaming; sports (including wearable technologies); and consumer brands.
Our ability to combine the tremendous strength in our litigation, investigations, and corporate practices with deep knowledge of policy and policymakers, and one of the world’s leading regulatory practices, allows us to create comprehensive legal solutions to our clients’ IoT issues.
Our cross-disciplinary teams bring together experts in areas including antitrust and competition law; communications and media; data privacy and cybersecurity; government contracts; insurance recovery; international trade; litigation and investigations; products liability; mergers and acquisitions; financial services; patent and IP litigation; regulatory compliance; public policy and government affairs; technology and IP transactions; and venture capital and emerging companies.
We help clients confront the range of legal challenges created by developing, manufacturing, deploying, and supporting IoT technologies, assisting with matters such as:
- crafting policies on data minimization, use, storage, and disclosure;
- negotiating customer and supplier contracts, including warranties, notifications, end-of-life responsibilities, and limitations on liability;
- monitoring and influencing regulatory developments across jurisdictions worldwide;
- securing government approvals for IoT products and services;
- antitrust and competition compliance advice;
- insurance coverage advice, including in the event of disputes;
- advising on diligence and investment in IoT companies;
- negotiating licensing and transactional terms;
- assessing and navigating international trade control requirements applicable to products, software, and technologies; and
- conducting privacy and cybersecurity assessments on system and information security.
IoT Network Development
We assist clients with regulatory licenses and approvals necessary to launch, operate, and utilize IoT networks, including FCC equipment approvals for connected devices. For example, we represent a wireless technology company before the Federal Communications Commission as the company seeks to build a nationwide IoT network.
Autonomous Vehicles Law and Regulation
We advise manufacturers, technology companies and other stakeholders with respect to a range of legal issues associated with autonomous vehicles. For example, we advised an automotive bidder on a major government contract for a next-generation vehicle regarding NHTSA innovation-related exemptions and autonomous vehicle guidelines. We also advise a Japanese automotive parts manufacturer on NHTSA and CARB certification rules and autonomous vehicle guidelines.
Smart Home Device Privacy and Security Advice
We assist IoT device manufacturers on privacy issues specific to their products. For example, we advised the manufacturer of a smart in-home assistant device on privacy and security matters involving the collection of voice and other data.
Insurance Coverage for AI, Autonomous Vehicles, and Other IoT Products
We advise clients on closing insurance gaps associated with new technologies. Matters have included advising a client in identifying and providing solutions to gaps in coverage relating to AI use and risk, including with respect to AI used for autonomous vehicles. We help policyholders recover insurance—both in the U.S. and abroad—for a wide variety of claims, including mass-tort liabilities, property and business interruption losses, marine, and D&O, E&O, and many other types of exposures.
Technology and IP Transactions
We help clients draft and negotiate commercial contracts that involve IoT technology, and support deals in which parties are buying, selling, or investing in IoT technology.
Blockchain Asset Acquisition
Advising a financial services company in connection with its acquisition of blockchain assets.
Blockchain Industry Association
Providing strategic advice and support to a new blockchain industry association.
Blockchain Public Policy Counsel
We provide regular government affairs and public policy support and advice to a blockchain infrastructure and transaction processing company. In particular, we help them identify key stakeholders for Blockchain issues and guide them in their discussions with regulators in various jurisdictions and various industry sectors.
Corporate Counsel to Blockchain Startup
Advising a start-up blockchain company building an identity platform in connection with corporate, venture capital, privacy, and commercial licensing transactions.
Addressing Regulatory Enforcement Actions
We have addressed regulatory investigations and enforcement actions from regulators in the United States, Europe, and Asia following data breaches. These have included investigations or formal enforcement proceedings brought by the Federal Trade Commission, State Attorneys General, and the Securities and Exchange Commission in the United States, and by data protection authorities and sector-specific regulators across Europe and Asia.
NFL Sports Data Collaboration with Sportsradar
Represented The National Football League on its next generation data collaboration with Sportsradar, a European sports data company.
Responding to Government Surveillance Inquiries
We have a leading practice advising Internet companies and cloud service providers on responding to legal demands seeking access to customer data or network surveillance, served by governments around the world.
Responding to Sophisticated Advanced Persistent Theat ("APT") Attacks
We have directed the investigations and response into APT attacks from state-sponsored actors and sophisticated criminal groups targeting intellectual property and other proprietary information. These attacks, and the responses, have spanned multiple industries and global companies, with investigations covering four continents.
Telehealth IT System Development
Represented a major global pharmaceutical company on negotiating arrangements with multiple suppliers for the development and operation of a complex state-of-the-art telehealth IT system.
Data Breach Response and Compliance
We have counseled clients on all aspects of data breach response globally, including incidents involving more than 100,000 impacted employees, payment card incidents involving millions of consumers, and breaches of other personal information impacting more than 50 million consumers.
Pre-Incident Advice and Assessments
We regularly advise clients on compliance with information security requirements and best practices, including, among others, governance best practices, vendor contract terms and due diligence, the implementation of information security controls to satisfy regulatory requirements, and the conduct of vulnerability assessments.
Innovative New Product for Global Communications Firm
Advising a global network that enables institutions to send and receive information about financial transactions on an innovative new communications technology platform.
Representation of Teva Pharmaceuticals
We represented Teva in its strategic partnership with IBM, which enabled it to become the first multinational pharmaceutical company to deploy IBM’s Watson Health Cloud as its global technology platform. As part of the partnership, a joint Teva-IBM research team will work together using “big data” and machine-learning tools to develop disease models and advanced therapeutic solutions, including solutions designed to collect and analyze real world evidence. The deployment of these models and solutions will enable Teva to provide insights and real-time feedback directly to care providers and patients via mobile devices in order to achieve treatment optimizations and improved patient outcomes.
Blockchain Technology Advice
Advising a Fortune 100 company in connection with its evaluation of a blockchain-based technology service for cross-border payments.
AI Algorithms and Services Cybersecurity
Advising a software company and other high-tech companies on the integrity and security of AI algorithms and services.
Privacy Counsel
We help clients on all aspects of data privacy, addressing issues such as consent, transparency, privacy-by-design, and international transfers of personal data. Our industry-leading global privacy practice has experts who monitor the latest legislative, regulatory, and policy developments in jurisdictions worldwide.
Privacy Components of IoT Launch
We advise software platform developers on the privacy aspects of launching IoT offerings.
M&A Counsel
We represent Global 100 companies, private equity firms and investment banks as well as venture-backed companies in public and private transactions worldwide. Our lawyers advise investors from the start of diligence through the consummation of investments in IoT portfolio companies, and we combine our corporate negotiating expertise with our deep understanding of regulated industries.
Global Data Privacy and Cybersecurity Agreements
We have negotiated on behalf of technology clients the data ownership, data privacy, and cybersecurity provisions of global agreements with automotive OEMs related to the provision of connected car services.
Connected Buildings Agreement
We represented an industrial technology company in creating IoT agreement related to connected buildings (i.e. “connected building-as-a-service” agreement).
Joint Venture and Licensing Agreement
We advised a technology vendor in negotiating a joint venture agreement and a licensing agreement with an automotive manufacturer to develop components for vehicles which contained the technology vendor's software.
Counsel to Emerging Companies
We represent companies at all stages of development and in all aspects of their business, typically serving as outside general counsel. For early stage companies, we structure the relationships among founders, develop an intellectual property rights strategy, and help secure initial funding. As companies develop and expand, we provide strategic and legal advice, both domestic and international, on governance issues, capital structure, distribution, licensing and other commercial arrangements, venture capital financings, IPOs, and M&A transactions.
Recovery for Data Security Breaches
Our top-ranked insurance practice has successfully handled the recovery under insurance coverage policies for several of the largest documented data security breaches.
Global Legislative and Regulatory Counsel
We help clients engage with policymakers developing IoT regulatory frameworks in jurisdictions worldwide. We have assisted clients with IoT products or services in identifying relevant legislative and regulatory developments, drafting and submitting comments on proposals to regulate IoT technologies, and lobbying policymakers on these issues. We monitor developments in jurisdictions across the world.
Geo-Location Counsel
We advise clients on legal requirements related to the collection, use, and disclosure of precise geo-location data, including the appropriate notices, consents (both opt-in choice and methods for withdrawing consent), and contractual provisions.
Autonomous Vehicles Public Policy Counsel
We advise multiple stakeholders in the autonomous vehicle industry on public policy developments in the United States, Europe, and globally that impact this sector.
Emerging IoT Government Contracts Standards
We monitor and advise clients on legislation and regulations that affect IoT-related government contracts. For example, we track legislation that would require the development of contractual IoT security standards for IoT devices purchased from government contractors. We also advise on IoT best practices for government contractors.
IoT Electronics and Big Data
Our antitrust and competition lawyers in the U.S. and Europe assist clients with the novel competition issues that IoT generates. Matters have included advising a global electronics and connected devices player on big data developments in the EU from a competition law perspective.
National Security Issues for IT Firms
We have counseled multiple IT firms (e.g., workstations, servers, firewalls) regarding processes governing development of code and servicing of customers to address U.S. government national security concerns.
Smart Game Venues and Equipment
We represented a major sports league in acquisition and utilization of smart technology for game venues and game equipment.
Apparel Company Wearable Technology
We represented an apparel company in connection with its joint venture with a technology company related to the creation and distribution of wearable technology.
Digital Health Solution Regulatory Guidance
We advised a multinational connected-medical devices company on implementing regulatory guidance regarding cybersecurity and products liability issues related to connected devices.
Fintech Regulatory and Transactional Counsel
We advise on a range of fintech matters, including financial services compliance and licensing requirements applicable to new financial technologies, acquisition of financial technology providers, and financial services applications of new technologies.
Export Controls Compliance Advice
We represented vehicle manufacturers in assessing export controls requirements applicable to vehicle engine monitoring and diagnostic tools. We also represented a consumer goods company in evaluating the export controls and economic sanctions requirements applicable to supply-chain sensors used in packaging.
Sanctions and Antiboycott Advice
We regularly advise companies across sectors on complying with U.S. and EU economic sanctions and U.S. antiboycott measures, which can be relevant to a range of international transactions.
Autonomous Vehicles AI Technology
We assist clients developing artificial intelligence technologies for autonomous vehicles. Matters have included advising a tech company on a joint venture for the development of autonomous vehicles AI technology. Separately, we assisted a client with a standard essential patents/essentiality complaint before the EU and national courts in the automotive/wider driverless car sector.
August 24, 2020, Inside Tech Media
On five consecutive Wednesdays beginning on September 2nd, the ABA will hold its 5th Annual IoT Institute, together with a session called Data, Data Everywhere, and Not a Chance to Think, addressing the intersection of the Internet of Things (IoT) and Artificial Intelligence (AI). Covington was scheduled to host the IoT Institute in our Washington,...… Continue ...
July 30, 2020, Inside Tech Media
On June 24, 2020, the United Nations Economic Commission for Europe (“UNECE”)* adopted two regulations that will have a significant impact on manufacturers of connected and autonomous vehicles (“CAVs”). These regulations impose obligations relating to cybersecurity and software updates for passenger cars, vans, trucks, and buses, while the cybersecurity ...
July 17, 2020, Global Policy Watch
On 16 July 2020, the European Commission (“Commission”) announced that it has launched an antitrust sector inquiry into “consumer-related products and services that are connected to a network and can be controlled at a distance, for example via a voice assistant or mobile device.” Commission Executive Vice President and Competition Commissioner Vestager said ...
July 17, 2020, Inside Tech Media
In this update, we detail the key legislative updates in the second quarter of 2020 related to artificial intelligence (“AI”), the Internet of Things (“IoT”), cybersecurity as it relates to AI and IoT, and connected and automated vehicles (“CAVs”). The volume of legislation on these topics has slowed but not ceased, as lawmakers increasingly focus...… Continue ...
July 16, 2020, Inside Tech Media
On 16 July 2020, the European Commission (“Commission”) announced that it has launched an antitrust sector inquiry into “consumer-related products and services that are connected to a network and can be controlled at a distance, for example via a voice assistant or mobile device.” Commission Executive Vice President and Competition Commissioner Vestager said ...
July 16, 2020, Covington Alert
On July 16, 2020, the European Commission (“Commission”) announced that it has launched an antitrust sector inquiry into "consumer-related products and services that are connected to a network and can be controlled at a distance, for example via a voice assistant or mobile device."
July 15, 2020, Covington Alert
In this update, we detail the key legislative updates in the second quarter of 2020 related to artificial intelligence (“AI”), the Internet of Things (“IoT”), cybersecurity as it relates to AI and IoT, and connected and autonomous vehicles (“CAVs”). The volume of legislation on these topics has slowed but not ceased, as lawmakers increasingly focus on the ...
July 13, 2020, Inside Tech Media
Senators Lindsey Graham (R-S.C.), Tom Cotton (R-Ark.) and Marsha Blackburn (R-Tenn.) have introduced the Lawful Access to Encrypted Data Act, a bill that would require tech companies to assist law enforcement in executing search warrants that seek encrypted data. The bill would apply to law enforcement efforts to obtain data at rest as well as data...… Continue ...
June 26, 2020, Covington Alert
On June 15, 2020, U.S. Secretary of Transportation Elaine Chao announced the launch of the National Highway Traffic Safety Administration’s (“NHTSA”) Automated Vehicle Transparency and Engagement for Safe Testing (“AV TEST”) Initiative, a voluntary data-sharing initiative intended to improve safety, testing, and transparency of automated vehicle (“AV”) ...
June 25, 2020, Inside Privacy
On June 24, 2020, the European Commission (“Commission”) published its much-anticipated assessment of the EU’s General Data Protection Regulation (“GDPR”) two years after it went into effect. The assessment takes into account contributions from the European Council, the European Parliament, the European Data Protection Board (“EDPB”), individual supervisory ...
June 24, 2020, Inside Tech Media
Earlier this month, the Federal Communications Commission (“FCC”) asked for comment on a Petition for Rulemaking filed by the Consumer Technology Association (“CTA”) that proposes to modify the FCC’s device authorization rules to allow the importation and conditional, preauthorization marketing and sales of radiofrequency (“RF”) devices that have not yet been ...
June 11, 2020, Inside Tech Media
The COVID-19 pandemic is accelerating the digital transition and the adoption of artificial intelligence (“AI”) tools and Internet of Things (“IoT”) devices in many areas of society. While there has been significant focus on leveraging this technology to fight the pandemic, the technology also will have broader and longer-term benefits. As the New York Times...… ...
June 10, 2020, Covington Alert
The COVID-19 pandemic is accelerating the digital transition and the adoption of artificial intelligence (“AI”) tools and Internet of Things (“IoT”) devices in many areas of society. While there has been significant focus on leveraging this technology to fight the pandemic, the technology also will have broader and longer-term benefits. As the New York Times has ...
June 8, 2020, Covington Alert
On 19 May 2020, easyJet announced that personal data of approximately 9 million customers worldwide had been unlawfully accessed by third parties in a “highly sophisticated cyber-attack”. Data stolen by the cyber-attackers includes credit card details of 2,000 of the affected customers and, for most other customers, travel details such as departure and arrival ...
June 4, 2020, Inside Tech Media
Senators Maria Cantwell (D-WA) and Bill Cassidy (R-LA) introduced bipartisan legislation this week to address privacy issues in the COVID-19 era. The proposal, entitled the “Exposure Notification Privacy Act,” would regulate “automated exposure notification services” developed to respond to COVID-19. This bipartisan legislation comes on the heels of dueling ...
June 4, 2020, Inside Tech Media
Reflecting the heightened interest in 5G and related cybersecurity concerns, the National Telecommunications and Information Administration (NTIA) has requested public comment on the implementation of its National Strategy to Secure 5G. Stakeholders with interests in telecommunications infrastructure and security—and any parties interested in 5G ...
June 3, 2020, Inside Privacy
Reflecting the heightened interest in 5G and related cybersecurity concerns, the National Telecommunications and Information Administration (NTIA) has requested public comment on the implementation of its National Strategy to Secure 5G. Stakeholders with interests in telecommunications infrastructure and security—and any parties interested in 5G ...
June 2, 2020, Inside Privacy
In a new post on the Covington Inside Tech Media Blog, our colleagues discuss how the pandemic is driving connected and automated vehicle (CAV) initiatives at the federal and state levels. At the federal level, NHTSA and Congress have recently expressed support for utilizing CAV technology to address pandemic-related challenges. In California, a privacy ...
May 12, 2020, Inside Tech Media
Though it seems like the distant past now, in this update we detail the notable legislative events from the first quarter of 2020 on artificial intelligence (“AI”), the Internet of Things (“IoT”), cybersecurity as it relates to AI and IoT, and connected and autonomous vehicles (“CAVs”). Prior to the slowdown in non-COVID related legislation that...… Continue ...
May 7, 2020, Covington Alert
Though it seems like the distant past now, in this update we detail the notable legislative events from the first quarter of 2020 on artificial intelligence (“AI”), the Internet of Things (“IoT”), cybersecurity as it relates to AI and IoT, and connected and autonomous vehicles (“CAVs”). Prior to the slowdown in non-COVID related legislation that accompanied the ...
April 20, 2020, Inside Privacy
On April 6, 2020, Tapplock, Inc., a Canadian maker of internet-connected smart locks, entered into a settlement with the Federal Trade Commission (“FTC”) to resolve allegations that the company deceived consumers by falsely claiming that it had implemented reasonable steps to secure user data and that its locks were “unbreakable.” The FTC alleged that these...… ...
March 9, 2020, Inside Privacy
In this final instalment of our series of blogs on the European Commission’s plans for AI and data, announced on 19 February 2020, we discuss some potential effects on companies in the digital health sector. As discussed in our previous blog posts (here, here and here), the papers published by the European Commission cover broad...… Continue Reading
Daily Journal Selects Covington Defense of Dropbox Inc. as one of its 2019 Top Verdicts
March 3, 2020
SAN FRANCISCO—The Daily Journal has selected Covington's successful defense of Dropbox Inc., in Ironhawk Technologies v. Dropbox Inc., as one of its 2019 Top Verdicts, recognizing the largest and most significant verdicts in California in 2019. The Covington team led by Clara Shin and Jeff Davidson secured a significant victory on behalf of Dropbox in a ...
February 28, 2020, Inside Privacy
On 19 February 2020, the new European Commission published two Communications relating to its five-year digital strategy: one on shaping Europe’s digital future, and one on its European strategy for data (the Commission also published a white paper proposing its strategy on AI; see our previous blogs here and here). In both Communications, the Commission...… ...
February 27, 2020, Bloomberg
Samuel Maruca spoke with Bloomberg about the possibility of a digital tax on tech companies doing business internationally. The U.S. and 130 other countries are currently negotiating at the Organization for Economic Co-operation and Development about a new international tax system that would redefine which countries can tax which corporate profits. There’s ...
AI and Attorney Obligations Are Still Outpacing the Law
February 4, 2020, Legaltech News
Lee Tiedrich spoke with Legaltech News about lawyers’ obligations pertaining to the law and artificial intelligence. Ms. Tiedrich indicated that much like the internet in the 1990s, the growth of technologies such as AI continues to outstrip the development of the law. The lack of absolute regulatory clarity raises the stakes for organizations. “You need to be ...
February 3, 2020, Inside Privacy
Germany recently enacted a law that enables state health insurance schemes to reimburse costs related to the use of digital health applications (“health apps”), but the law requires the Federal Ministry of Health to first develop the reimbursement process for such apps. Accordingly, on January 15, 2020, the German government published a draft regulation ...
January 27, 2020, Inside Privacy
The Department of Commerce’s National Institute of Standards and Technology (“NIST”) has released Version 1.0 of its Privacy Framework. This voluntary framework aims to provide organizations with strategies to improve their privacy practices, build customer trust, and fulfill compliance obligations. It is designed to be flexible and non-prescriptive, allowing ...
January 24, 2020, Covington Alert
U.S. federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the fourth quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our fourth AI & IoT ...
January 9, 2020, WatersTechnology
Michael Nonaka spoke with WatersTechnology about the impact of the California Consumer Privacy Act on financial institutions. Mr. Nonaka says, “There are exemptions [in the CCPA] for information that is covered by the GLBA. This is consumer information used by FIs, including broker-dealers. But there is not a broad exemption that just takes out the entirety of ...
December 13, 2019, Legaltech News
Lee Tiedrich is quoted in Legaltech News regarding the continued use of artificial intelligence, despite ethics concerns. Ms. Tiedrich says that companies could put in “good governance processes to manage the [AI] product design, development and implementation in accordance with their ethnical principles.” She also noted that to limit bias, it is also necessary ...
November 26, 2019, Cov Africa
Shift to a services era While Africa’s trajectory remains full of daunting challenges, there is reason to be optimistic. Ratification of the Continental Free Trade Agreement demonstrates critical collaboration between African leaders, and promises to unlock the region’s potential. Equally important, growing investments in broadband ensure that affordable access ...
October 29, 2019, Inside Privacy
Earlier this month the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) released its Draft NISTIR 8267, Security Review of Consumer Home Internet of Things (IoT) Products, for public comment. NIST will accept public comments on the report through November 1, 2019. The draft report documents security features in seven types ...
October 21, 2019, Covington Alert
Federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the second quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our third AI & IoT Quarterly ...
September 30, 2019, Inside Privacy
On 19 September 2019, the European Parliamentary Research Service (“EPRS”)—the European Parliament’s in-house research service—released a briefing paper that summarizes the current status of the EU’s approach to developing a regulatory framework for ethical AI. Although not a policymaking body, the EPRS can provide useful insights into the direction of EU ...
July 17, 2019, Covington Alert
Federal and state policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the second quarter of 2019, including by introducing both substantive measures that would regulate the use of the technology and by supporting funding bills aimed at increasing investment. In our second AI & IoT Quarterly Legislative Update, ...
July 8, 2019, Cov Africa
Over the past four decades, three key barriers prevented most Africans from benefitting from the technology innovations and services that have changed the world. First, a failure of leadership led to mismanagement and theft of billions of dollars that should have built the healthcare, education, and other infrastructure and services critical to development. ...
Expert Q&A on the EU Cybersecurity Act
June 4, 2019, Thomson Reuters
Mark Young participated in a Q&A with Thomson Reuters about the EU Cybersecurity Act and its new cybersecurity certification schemes for information and communication technology products, services, and processes, especially internet of things devices. The interview also discusses how the Act supports the EU Directive on the Security of Network and Information ...
April 30, 2019, Covington Alert
Federal and state policymakers introduced a range of new measures on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the first quarter of 2019. In our initial AI & IoT Quarterly Legislative Update, we detail the notable legislative events from this quarter on AI, IoT, cybersecurity as it relates to AI and IoT, and connected and autonomous ...
2019, American Bar Association
Our cross-disciplinary Internet of Things initiative contributed to the ABA's first book on IoT, The Internet of Things: Legal Issues, Policy, & Practical Strategies. Laura Kim and Jennifer Johnson authored the chapter “U.S. Regulatory Framework for IoT,” with contributions from Sarah Wilson (product safety); Wade Ackerman, Elizabeth Guo, Christopher Hanson, ...
2019 Dealmakers of the Year
March 2019, The American Lawyer
The American Lawyer has recognized Covington in its 2019 Dealmakers of Year.
March 27, 2019
WASHINGTON—The American Lawyer has recognized Covington among its 2019 “Dealmakers of the Year.” The annual feature highlights “the lawyers behind the most significant work” in deal making, and this marks the second time the firm has received this distinction in the last three years. In March 2018, Covington helped Qualcomm, Inc. secure a U.S. Presidential ...
March 26, 2019, Legaltech News
Sarah Wilson spoke with Legaltech News about the legal liability of autonomous cars. Ms. Wilson says, “It’ll be a more complicated liability analysis when a car is fully autonomous and there is an accident, because you’ll have to figure out who is all at fault, or which system is at fault [or] if it’s [the] hardware or software.”
March 13, 2019, Global Policy Watch
On March 11, 2019, a bipartisan group of lawmakers including Sen. Mark Warner and Sen. Cory Gardner introduced the Internet of Things (IoT) Cybersecurity Improvement Act of 2019. The Act seeks “[t]o leverage Federal Government procurement power to encourage increased cybersecurity for Internet of Things devices.” In other words, this bill aims to shore up...… ...
March 11, 2019, Global Policy Watch
Since the Federal Communications Commission (“FCC”) repealed the 2015 net neutrality rules last year, federal and state lawmakers have debated how to address the issue of net neutrality going forward. We previously have discussed some of the state net neutrality laws that were enacted, including California’s law, which currently is on hold pending the ...
Connected and Automated Vehicles Webinar Series: What's Going on with U.S. Law and Regulations?
February 27, 2019
The webinar covered such topics as federal regulations affecting connected and automated vehicles (CAVs), with a focus on NHTSA, the FAA, the FCC, and CFIUS review; where Congress stands on CAV legislation, including the AV START Act, the SELF-DRIVE Act, and infrastructure legislation; state-level legislative, regulatory, and policy developments, with a closer ...
February 6, 2019, Cov Africa
Africa’s Growth Prospects. Africa’s gross domestic product (GDP) is expected to grow at 3.8 percent in 2019, which is a significant improvement over last year’s regional growth rate of 2.6 percent. Excluding the continent’s largest economies (Angola, Nigeria and South Africa), which are growing collectively at an average of 2.5 percent, the aggregate growth ...
February 6, 2019, Covington Alert
The National Institute of Standards and Technology (“NIST”) is seeking comments on its draft project on securing sensor networks for the Internet of Things (“IoT”). Organizations and individuals concerned with the security of IoT sensor networks are invited to comment on the draft through March 18, 2019.
2019, The Internet of Things - Legal Issues, Policy, and Practical Strategies
December 3, 2018, Global Policy Watch
Congress is working to better understand the growing Internet of Things (“IoT”) industry—and soon may be asking industry stakeholders for input. On Wednesday, November 28, the U.S. House of Representatives unanimously passed legislation designed to provide Congress with greater insights into the inner workings of the IoT industry and to promote collaboration ...
What California's new law on internet-connected devices means for Bay Area tech companies
September 21, 2018
Lindsey Tonsager is quoted in the San Francisco Business Times regarding California’s new cybersecurity bill regulating internet-connected devices. Ms. Tonsager believes the vagueness of the “reasonable” standard makes the law flexible. She says, “It’s really helpful that the legislation acknowledges flexibility in identifying which standards are reasonable. ...
August 30, 2018, Global Policy Watch
On Friday August 24, the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) published a proposed rule in the Federal Register: The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks (“Proposed Rule”). 83 Fed. Reg. 42817. The long-anticipated rulemaking ...
August 13, 2018, Global Policy Watch
On July 20, 2018, the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) published comments it received from a wide array of tech and telecom companies, trade groups, civil society, academia, and others regarding its “international Internet policy priorities for 2018 and beyond.” NTIA’s Office of International ...
IoT Update: The European Electronic Communications Code – Developing the Future of IoT in the EU
August 10, 2018, Global Policy Watch
The European Commission estimates that the global market for the Internet of Things (“IoT”) will grow to 75.4 billion devices by 2023. It also estimates that the economic value of spectrum enabled services is at present worth €500 billion per year. This is expected to increase by 200% – up to €1 trillion a year...… Continue Reading
June 14, 2018, Cov Africa
As a startup founder, there are a number of issues vying for your attention on a daily basis, most of which are essential to the success of your business. Issues such as differentiating your product from competitors, developing stellar code, creating effective advertising, hiring the right staff and of course securing enough capital to fund...… Continue Reading
May 10, 2018, Global Policy Watch
As policymakers weigh the many policy implications associated with the Internet of Things (“IoT”), U.S. lawmakers have put forward a variety of proposals for studying—and regulating—IoT devices. Although the likelihood of current proposals becoming law this term remain uncertain at best, existing legislative proposals provide important context and insight into ...
April 18, 2018, Global Policy Watch
Today, 34 global technology and security companies announced that they have signed a Cybersecurity Tech Accord, which publicly commits them “to protect and empower civilians online and to improve the security, stability and resilience of cyberspace.” The signatories include Cisco, Dell, Facebook, HP, Intuit, and Microsoft.The text of the Accord references ...
April 12, 2018, The Recorder
The Recorder highlights the arrival of Suzanne Bell to Covington's Technology Transactions practice. Bell says she was attracted to the firm's strong regulatory practice given the increased intersection between the technology sector and government regulations. Bell adds that she is looking forward to using her experience in technology transactions to assist ...
April 4, 2018, Global Policy Watch
Last week, South Dakota became the 49th U.S. state to enact a data breach notification law with the passage of S.B. 62, which sets forth requirements for notifying state residents, the state attorney general, and major consumer reporting agencies in the event of a breach. The law, which will take effect on July 1, 2018,...… Continue Reading
The Technology Bank
March 26, 2018, Cov Africa
Artificial intelligence and big data are some of the new technologies dominating discourse in 2018. These technologies are expected to change the way that we travel, learn, and transact. However, this forecast is less clear for the least developed countries (LDCs). According to a United Nations study, science and technology and resource and development ...
February 27, 2018, Cov Africa
Covington’s Africa Practice is looking forward to being a sponsor of the first-ever Africa House at South By Southwest (SXSW) this year. Launched in 1987, with a mission to foster discussion and collaboration in the music and art scene, SXSW has morphed into the ultimate gathering place for creatives, innovators, and technologists. Held in Austin,...… Continue ...
Feds to Ramp Up Online Purchasing Presence
January 22, 2018, E-Commerce Times
Susan Cassidy is quoted in an E-Commerce Times article regarding efforts to create an online marketplace for government purchasers. "One model that was discussed would require a portal provider to contract with GSA to provide an online interface. Under this approach, suppliers would then sign up to use the portal, potentially via a contract with the portal ...
Cybersecurity & Privacy Predictions For 2018
January 1, 2018, Law360
Kurt Wimmer and John Buchanan are quoted in a Law360 article providing cybersecurity and privacy predictions for 2018. Wimmer says, once Europe's General Data Protection Regulation (GDPR) is in force, non-EU countries around the world will begin looking at privacy regimes based on the 1995 Directive [which the GDPR will replace] and think about whether they ...
What Is a Robot (Under EU Law)?
January 2018, The Journal of Robotics, Artificial Intelligence & Law