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Focus on Regulation

National Security Commission on AI issues interim report

The National Security Commission on Artificial Intelligence (the “Commission”), established by the John S. McCain National Defense Authorization Act for Fiscal Year 2019, issued an interim report providing the Commission’s preliminary assessment of

  • foreign threats to U.S. national security in the current AI era;
  • how AI can improve the government’s ability to defend the U.S., cooperate with U.S. allies, and preserve a favorable balance of military power in the world;
  • the relationship between AI and economic competitiveness as a component of U.S. national security, including the strength of the U.S. scientific research community and workforce; and
  • ethical considerations in deploying AI systems for national security purposes.

The Commission is to submit its final report to Congress and terminate in October 2020, although the deadline may be extended.

CFIUS Regulations Released for Public Inspection

The long-anticipated foreign investment review regulations were released for public inspection on 13 January, 2020. The regulations, scheduled to appear in the Federal Register on 17 January, 2020, are in two Federal Register notices:

In connection with 31 CFR Parts 800 and 801, the Office of Investment Security at the Department of the Treasury issued a final rule and an interim rule with a request for comments on the interim rule. The final rule revises regulations that implement certain provisions of section 721 of the Defense Production Act of 1950, as amended by the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). The interim rule adds to Part 800 a new definition for the term “principal place of business.” The final rule and interim rule are effective on 13 February, 2020. Comments concerning the definition of “principal place of business” are due 30 days from publication.

The Office of Investment Security also released a final rule, designated 31 CFR Part 802, that addresses the CFIUS review of certain transactions involving the purchase or lease by, or concession to, a foreign person of certain real estate in the United States. An interim rule adds to Part 802 a new definition for the term “principal place of business.” The final rule and interim rule are effective on 13 February, 2020. Comments concerning “principal place of business” are due 30 days from publication.

We are preparing an alert. In the meantime, if you have questions, please contact  Brian Curran, Anne Salladin, Ajay Kuntamukkala or Anthony Capobianco.

DDTC Publishes FAQs on U.S. Persons Working Abroad & ITAR Defense Services

On 6 January, 2020 DDTC announced guidance regarding U.S. persons providing defense services while abroad. The guidance is based on the ITAR and not the 2015 proposed rule, and is provided in a 14-part question-and-answer format.

Dutch competition authority imposes fine on company for deleted chat messages during a dawn raid

The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during a dawn raid is of utmost importance and of great relevance to companies under investigation.  On 10 December 2019, the ACM issued an infringement decision fining an unidentified company EUR 1.85 million for obstructing an ACM inspection.  This was on the basis that company employees deleted/destroyed potential evidence by deleting electronic chat and messaging services during the inspection.

The ACM’s decision is available here. Continue Reading

Webinar | New TRACED Act and Robocall Year in Review: What you need to know

It was a very busy year on the robocall front, and on 30 December 2019, President Trump signed into law the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House and Senate passed by wide, bipartisan margins earlier this year.

The TRACED Act is the most significant robocall legislation in years. It requires the Federal Communications Commission (FCC) to take steps to improve call verification, reduce the number of illegal robocalls, and enhance the federal government’s Telephone Consumer Protection Act (TCPA) enforcement efforts. Among other things, for example, the TRACED Act increases penalties for intentional violations by US$10,000 per call.

We’ll also discuss other key robocall developments from 2019, including the Nuisance Call Act, a New York law that requires live telemarketers to give consumers the option to be added to the seller’s do-not-call list, as well as an important FCC ruling that clarifies the requirements for sending online faxes.

Please join us on this webinar on Thursday, 9 January 2020 at 2:00pm ET as we explore what these and other developments from 2019 mean for your business and your TCPA compliance programs more broadly.

Date:
Thursday, January 9, 2020

Time:
02:00 PM EST

To register, please click here.

Congress Passes Bipartisan Robocall Legislation

On December 19, 2019, the U.S. Senate unanimously passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House of Representatives passed in a 417-3 vote earlier this month.  With the Senate’s passage of the reconciled bill, the bipartisan legislation now heads to President Trump’s desk for his review.

The Pallone-Thune TRACED Act requires the Federal Communications Commission (FCC) to take steps to improve call verification, reduce the number of illegal robocalls, and enhance the federal government’s Telephone Consumer Protection Act (TCPA) enforcement efforts.  More specifically, the Pallone-Thune TRACED Act, among other provisions: Continue Reading

WRC-19 Revamps ITU Radio Regulations to Accommodate Emerging Communications Technologies

Communications technologies often evolve more quickly than the regulatory frameworks governing them. To keep pace, the International Telecommunication Union (ITU) World Radiocommunication Conference (WRC) revisits the ITU’s Radio Regulations governing radiofrequency spectrum use approximately every four years to accommodate new technologies and uses. Between WRCs, national administrations and ITU sector members (interested companies and trade associations, for example) meet in working parties to study how proposed rule revisions would impact existing and planned services.

Following four years of careful deliberations at the ITU working party level, more than 3,400 participants from 165 countries and ITU staff recently gathered at WRC-19 in Sharm El-Sheikh, Egypt. During the four-week conference, participants crafted regulatory pathways for emerging communication technologies, including a few listed below. Continue Reading

Updates on the newest regulatory legislation (Royal Decree 717/2019) in Spain

On 5 December 2019, the Official State Gazette of Spain published a new regulation passed by the Spanish government which has introduced many significant developments in the Spanish legal framework on medicinal products for human use, such as new obligations on marketing authorisation holders, further requirements on safety features for medicinal products, or the deletion of the Spanish category of “medicinal product under special medical monitoring”, among other important developments. This new piece of legislation is Royal Decree 717/2019, of 5 December 2019, amending Royal Decree 1345/2007, of 11 October 2007, on the authorisation procedure, registration and dispensing conditions for industrially manufactured medicinal products for human use.

Below we highlight five of the main developments introduced by RD 717/2019: Continue Reading

Germany opens online sports betting market for private operators on 1 January 2020

The third amendment to the German State Treaty on Gaming (GlüStV) will come into force on 1 January 2020. Private operators of online sports betting platforms will now be given the opportunity to apply for a licence for the operating of online sports betting in Germany. Unlike in the past, the number of licence holders is no longer limited. The application procedure will be carried out by the Regional Council Darmstadt from 2 January 2020. The Regional Council Darmstadt expects interested operators of online sports betting to submit their licence applications by 2 January 2020. Only in this case could the applications be decided on promptly. It is still unclear how long the licences issued by the Darmstadt Regional Council will be valid. This depends on the outcome of the current negotiations between the federal states regarding a further amendment to the GlüStV, which is to deal in particular with the regulation of online casino games.

Gaming law expert Prof. Dr. Thomas Dünchheim, Office Managing Partner in Düsseldorf, Head of Global Regulatory Continental Europe and Head of the Hogan Lovells Gaming & Gambling Law Initiative comments on the up-coming third amendment as follows: Continue Reading

European Commission publishes new documents regarding the Clinical Trials Regulation

1.            Introduction

Shortly after updating the related draft Questions and Answers document (see our blog), the European Commission has published two new documents concerning the Clinical Trials Regulation (EU) 536/2014. The first document is an informed consent and patient recruitment procedure template. The second document is an updated clinical trial Application Form. Continue Reading