Taylor Stenberg Erb

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On July 23, 2025, the White House announced its long-awaited comprehensive AI Action Plan titled “Winning the AI Race: America’s AI Action Plan” (the Plan). The Plan is aimed at positioning the U.S. as the global leader in AI and is a follow up to President Donald Trump’s January 23, 2025, Executive Order on “Removing Barriers to American Leadership in Artificial Intelligence,” which revoked the Biden Administration’s prior AI Executive Order (Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence). The AI Action Plan contains more than 90 policy actions related to three key pillars: 1) Accelerating AI Innovation, 2) Building American AI Infrastructure, and 3) Leading in International AI Diplomacy and Security. This alert touches on all three pillars with a focus on the first, which outlines the Trump Administration’s strategic vision and policy recommendations to drive innovation in the American AI sector.Continue Reading White House Releases America’s AI Action Plan

Artificial intelligence (AI) companion apps have been in the news, with Commissioner Melissa Holyoak of the Federal Trade Commission calling for a study on AI companions earlier this month, and lawmakers at the state and federal level voicing concerns about the technologies. In response, New York has enacted the first law requiring safeguards for AI companions. Scheduled to come into effect on November 5, 2025, the law requires operators of AI companions to implement safety measures to detect and address users’ expression of suicidal ideation or self-harm and to regularly disclose to users that they are not communicating with a human. Here are some answers to the key questions about the law:Continue Reading New York Passes Novel Law Requiring Safeguards for AI Companions

On June 5, 2025, Nevada Governor Joe Lombardo signed AB 406, a law regulating the use of artificial intelligence (AI) for mental and behavioral healthcare. AB 406 comes as other states, such as Utah and New York, have taken steps to regulate AI chatbots, including AI chatbots providing mental health services. AB 406 prohibits offering AI systems designed to provide services that constitute the practice of professional mental or behavioral healthcare (such as therapy) and prohibits making representations that an AI system can provide such care. In addition, AB 406 limits how mental and behavioral healthcare professionals can use AI systems.[1] AB 406 takes effect on July 1, 2025.Continue Reading Nevada Passes Law Limiting AI Use for Mental and Behavioral Healthcare

On June 4, 2025, the U.S. Department of Health and Human Services (HHS) announced the appointment of Paula M. Stannard as the Director of the Office for Civil Rights (OCR). As Director, Stannard will lead the enforcement of the Privacy, Security, and Breach Notification Rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as federal civil rights laws.Continue Reading HHS Announces New Director of Office for Civil Rights: What to Watch from the New Health Privacy Leader

On April 28, 2025, Congress passed the “TAKE IT DOWN Act.” In addition to criminalizing intentional publication of non-consensual intimate imagery, including computer-generated intimate imagery (collectively, NCII), the bill requires “covered platforms” to develop a process for removing NCII within 48 hours of a valid report. Covered platforms are those that primarily provide a public forum for user-generated content. The term does not include ISPs, email providers, online services that consist primarily of non-user-generated content, or services for which chat, comment, or interactive functionality is directly related to the provision of non-user-generated content. The bill now awaits President Trump’s signature and is expected to be signed in light of receiving bipartisan support and an endorsement from the First Lady.

A summary of the bill’s key provisions are highlighted below.Continue Reading The “TAKE IT DOWN Act” Goes Up to President Trump’s Desk for Signature

On April 4, 2025, the California Privacy Protection Agency (CPPA) Board met to discuss the latest draft California Consumer Privacy Act (CCPA) regulations related to cybersecurity audits, risk assessments, automated decision-making technology (ADMT), and an assortment of other updates to existing regulations. These revisions come after the CPPA first released draft regulations on these topics in July 2024 and initiated the formal rulemaking in November 2024, as analyzed in a prior alert. The board meeting turned out to be quite contentious, with board member Alastair Mactaggart emphasizing some of the serious concerns raised in the unusually large volume of public comments—totaling 630 comments and 1,664 pages of feedback—expressing his own concerns that those comments lay out “the very explicit blueprints” for others to challenge the constitutionality of the draft regulations. Ultimately, the Board provided extensive feedback on the draft regulations to CPPA staff, going beyond the issues that staff had prepared for discussion.Continue Reading CPPA Board Grapples with Public Concerns: Key Updates on Upcoming AI, Risk Assessment, and Cybersecurity Regulations

On March 12, 2025, the California Privacy Protection Agency (CPPA) announced a settlement with American Honda Motor Co. (Honda) over alleged violations of the California Consumer Privacy Act (CCPA). The CPPA investigated Honda as part of its investigative sweep into the data privacy practices of connected vehicles and related technologies, announced in July 2023. The CPPA specifically alleged, among other things, that Honda engaged in practices that made it difficult for Californians to exercise their out-opt rights and shared consumers’ personal information with ad tech service providers without proper contractual protections.Continue Reading Lessons from the CPPA’s $632,500 Settlement with Connected Vehicle Manufacturer