Thought Leadership - Manatt, Phelps & Phillips, LLP

Colorado Enacts Law Regulating “High-Risk” AI: Here’s What You Should Know

On May 17, Colorado Governor Jared Polis signed into law Colorado Senate Bill 2-205 (SB 205), also known as the Colorado Artificial Intelligence Act—making Colorado the second state to enact comprehensive legislation on artificial intelligence (AI), and the first to...

NIST Releases New Draft Guidance to Improve Safety, Security and Trustworthiness of AI Systems

The flurry of AI-related activity has certainly begun. Earlier this week, the Department of Commerce’s National Institute of Standards and Technology (NIST) released new draft guidance to improve the safety, security and trustworthiness of...

Manatt Health: Health AI Policy Tracker

The purpose of this quarterly tracker is to identify key federal and state health AI policy activity. Below reflects federal legislative and regulatory activity to date related to AI, and state legislative activity introduced between January 1 and March 31st, 2024.

Manatt Launches Health AI Policy Tracker

Manatt’s new Health AI Policy Tracker identifies key federal and state AI policy activity most relevant to the health care industry.

HIPAA Enforcer Updates Guidelines on Online Tracking Amid Calls for Clarity: Key Takeaways

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its December 2022 guidance for HIPAA-regulated entities regarding the use of online tracking technologies on websites and apps.

The FDA and the Future of AI Oversight

In January 2024, the U.S. Government Accountability Office (GAO) issued a report highlighting current obstacles to the U.S. Food and Drug Administration’s (FDA) timely and effective regulation of artificial intelligence (AI) and machine learning (ML) in medical devices and other emerging health care technologies (GAO...

FTC and HHS Send Letter Warning of Risks From Online Tracking Technologies

On July 20, 2023, the OCR at the HHS and the FTC sent a joint letter to approximately 130 hospital systems and telehealth providers to alert them to the “serious privacy and security risks” stemming from the use of online tracking technologies integrated into their websites and mobile apps.

FCC Proposes Revocation Rules

The Federal Communications Commission (FCC) has published a new Notice of Proposed Rulemaking (NPRM) focused on the issue of revocation, seeking “to clarify and strengthen consumers’ ability to revoke consent to receive both robocalls and robotexts,” as well as “callers’ obligations under the Commission’s rules to honor such requests in a timely manner.”

Regulation of AI Systems is Already Here – Look to Data Protection Laws

As the scramble continues to reckon with the rapid advancement of generative artificial intelligence models like ChatGPT, Bard, DALL-E, and Midjourney, and the promise of other AI and machine learning systems (for simplicity, “AI systems”) to come, legal and business professionals across industries are asking whether these systems will be regulated, and if so, how.

FTC Signals New Era of Enforcement with $1.5 Million Penalty for Unauthorized Sharing of Health Data

The Federal Trade Commission announced yesterday that it has brought its first-ever enforcement action under its Health Breach Notification Rule, against digital health platform GoodRx Holdings, Inc.