On March 18, 2026, U.S. Senator Marsha Blackburn issued an artificial intelligence (“AI”) legislative framework discussion draft (“AI Discussion Draft”) titled the “Trump America AI Act.” According to Senator Blackburn, this intends to codify President Trump’s December 11, 2025, executive order for establishing a uniform federal AI policy. Senator Blackburn stated, “[President Trump] called on […]
FTC Sends Letters Reminding Data Brokers of their Obligations under PADFAA
On February 9, 2026, the Federal Trade Commission (“FTC”) sent letters to thirteen data brokers reminding them of their obligations to comply with the Protecting Americans’ Data from Foreign Adversaries Act of 2024 (“PADFAA”). We previously wrote an article and Peter Swire published a white paper at the Cross-Border Data Forum (“CBDF”) describing PADFAA in […]
Federal Court Rules using AI Tools can Waive Privilege, Even if Privileged Information is Input into Them
On February 10, 2026, the U. S. District Court for the Southern District of New York held that a criminal defendant could not claim attorney-client privilege over documents he produced using a commercially available artificial intelligence (“AI”) tool – even though he had input privileged information from his lawyers into the tool. This case is […]
FTC Reverses Rytr Consent Order Amid Push for Federal AI Standards
On December 22, 2025, the Federal Trade Commission (FTC) set aside its 2024 consent order against Rytr, a generative AI-powered company, concluding that the original complaint “failed to satisfy the legal requirements of the FTC Act” and that the order unduly burdened AI innovation in violation of the Trump Administration’s January 2025 AI Executive Order […]
California Attorney General Announces Investigative Sweep into “Surveillance Pricing”
On January 28, 2026, California Attorney General (“AG”) Rob Bonta announced an investigative sweep targeting “surveillance pricing” practices among businesses in the retail, grocery, and hotel sectors. The investigation focuses on companies that use consumers’ personal information to set individualized prices. According to the AG’s press release, surveillance pricing practices could violate the California Consumer […]