Category:Uncategorized
Global Tech Regulation: The Impact of the E.U.’s Digital Markets Act on Big Tech Giants and the Potential Shift in U.S. Policies
Big tech companies in the United States are largely subject to fewer and less restrictive regulations than those found in other parts of the world. The E.U., however, is rapidly becoming one of the most “assertive regulators” of big tech, which consequently affects American companies that participate in the global market, such as Amazon, Apple, and Google. In response to the growing need for stricter antitrust and data privacy laws, the E.U. adopted the Digital Markets Act (“DMA”) in September of 2022. The DMA’s obligations are set to be fully applicable in March of 2024.
Growing Pains are on the Rise for the Expanding Landscape of IoT
Connectivity has become our way of life. For Apple users, iPhones, MacBooks, iPads, and Apple Watches are interconnected with one touch. For Android enthusiasts, Samsung has developed the ‘SmartThings’ app, enabling users to seamlessly control Smart TVs, monitors, and refrigerators from one device. With the proliferation of ‘Smart Home’ technology, products are being integrated into our everyday lives like no other. Whether it be Google Home products like Google Nest thermostats or the Ring Home Security System – we are able to save energy and protect our most valuable possessions from any device no matter its operating system. Nevertheless, from a B2B standpoint, IoT provides businesses the opportunity understand predictive maintenance of their devices, optimize supply chains, and develop stronger customer relationships.
Therefore, the evidence is clear from industry-to-industry: the benefits of IoT are abundant. But what exactly does IoT entail, and what compliance guidelines are in place to protect consumer use? As the landscape expands and new products enter the market, organizations are tasked with developing innovative compliance solutions for an equally contemporary technology platform.
Regulatory Implications of the FTC’s Proposed Ban on Noncompete Clauses
The landscape of post-termination benefits and rights for employees is continuously evolving. In recent developments, the Federal Trade Commission (FTC) has proposed a rule that could significantly change the dynamics of the job market by seeking to ban noncompete clauses. This proposal impacts businesses and employees and intersects with other regulatory frameworks, calling for an integrated perspective on its implications.
Politicians Allowed to Serve Long After the Retirement Age
With the recent death of trailblazing Congresswoman Diane Feinstein, discussion of whether Congress members, and politicians in general, should be allowed to serve long after the retirement age are becoming even more prevalent. This conversation is important as people who hold opposite opinions have valid arguments that must be considered. On one hand, the United States has banned age discrimination in the workplace. On the other hand, keeping people who have declining physical or cognitive health may pose a safety concern for our nation, especially when we are discussing high ranking officials. Ultimately, we are a nation for the people and by the people. Thus, we decide whether we place age limitations on our elected officials or not by going to the polls.
Bribery: Here to Stay
Earlier this year, Morgan Lewis and Compliance Week conducted a survey on anti-bribery and corruption efforts by compliance professionals. The results of the survey showed that there are not enough resources to combat recent trends in bribery. Recently, there have been multiple million-dollar settlements regarding bribery claims.
The I.R.S. is using AI to Crack Down on Tax Evasion
The Internal Revenue Service (I.R.S.) issued a press release on September 8, 2023, detailing how the agency plans to use at least part of the $80 million dollar allocation it received from the Inflation Reduction Act last year. I.R.S. Commissioner Danny Werfel plans to use the funds to make compliance enforcement efforts and tax evasion identification more effective and efficient. How does he plan to do this? The overwhelmed and perhaps overworked agency will be using artificial intelligence (AI) programs and features to expedite and assist with redundant processes as well as to audit parties that are too complicated or large for the I.R.S.’s current capabilities.
Florida’s War on “Woke” – First Amendment Concerns and the Stop “W.O.K.E” Act
Florida recently passed the “Stop W.O.K.E” Act (Senate Bill 147 / House Bill 7) (The “Act”), effectively banning public colleges in the state from using funds on diversity, equity, and inclusion (DEI) programs. Florida’s governor and current Presidential candidate, Ron Desantis, defines W.O.K.E as “Wrongs to Our Kids and Employees”. The passing of this legislation follows another highly controversial piece of legislation passed earlier this year, Florida’s “Don’t Say Gay” bill, that largely bars Florida educators from discussing LGBTQIA+ topics with students. Governor Desantis has led an aggressive campaign against academic freedom to combat a perceived “woke indoctrination in [U.S] schools, that is a road to ruin for this country”. The implementation of this legislation brings up valid concerns regarding the First Amendment rights of the State’s educators and population at large.
Regulating the Worst Kind of AI-Generated Content
On September 05, 2023, a bipartisan coalition of all fifty state attorneys general along with four attorneys general from U.S. territories came together to sign a letter to Congress. The letter urged Congress to establish an expert commission to specifically study how artificial intelligence (AI) contributes to the exploitation of children. The attorneys general further stressed the urgency of expanding existing laws on Child Sexual Abuse Material (CSAM) restrictions to include AI-generated content.
The Supreme Court Striked Affirmative Action: Now What?
Following the Supreme Court’s decision striking down affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, higher education institutions face challenging decisions in their admissions process. Although this may be a frightening time for many, California and Michigan have eliminated affirmative action years prior. These states may provide some insight as to how universities may maintain diversity. We may not see the implications of this decision until years to come. However, universities have the opportunity to collectively work together in order to maintain diverse student bodies and better represent the diverse individuals who help compose the United States of America.
MSG’s Usage of Facial Recognition Technology Sparks Civil Rights Debate
A woman attempting to chaperone her daughter’s Girl Scout troop on a trip to attend a Rockette’s show at Radio City Music Hall was denied entry based on facial recognition technology. The security subsequently revealed that she was on a list of excluded attorneys as her firm was involved in ongoing litigation against Madison Square Garden (MSG) Entertainment (which owns Radio City Music Hall). this could be one of the consequences of allowing private corporations to use facial recognition technology.