On August 8, 2023, the National Institute of Standards and Technology (NIST) released the initial draft of its Cybersecurity Framework 2.0 and draft Implementation Examples for public comment. This marks the first significant update to the NIST Cybersecurity Framework (“Framework”) since its initial release in 2014, which is intended to address current and future cybersecurity […]
Privacy & Cyber Regulatory Enforcement
Oregon Becomes the Fourth State to Enact a Data Broker Law
Oregon Governor Tina Kotek signed into law the Bill Relating to Registration of Business Entities that Qualify as Data Brokers (HB 2052) (the “Act”) on July 27, 2023. Effective January 1, 2024, the Act will require data brokers to annually register with the Oregon Department of Consumer and Business Services (the “Department”). The Act makes […]
FTC Launches Investigation into Creator of ChatGPT
In mid-July, the Federal Trade Commission (FTC) reportedly opened an investigation into OpenAI, the maker of ChatGPT, sending the company an extensive Civil Investigative Demand (CID). While FTC investigations are normally non-public, the Washington Post published what appears to be part of the CID sent from the FTC to OpenAI. This investigation comes on the […]
FTC Seeks Comments on a New Verifiable Parental Consent Mechanism Under COPPA
On July 19, 2023, the Federal Trade Commission (the “FTC”) announced that it is seeking comment on an application for a new verifiable parental consent mechanism under the Children’s Online Privacy Protection Act (“COPPA”). The application, submitted jointly by the Entertainment Software Rating Board, Yoti, and SuperAwesome (collectively, the “Applicants”), requests the FTC to approve […]
HHS and FTC Fire a Warning Shot at Healthcare Companies Using Online Tracking Technologies
On July 20, 2023, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”), and the Federal Trade Commission (“FTC”) published a joint letter sent to approximately 130 hospital systems and telehealth providers. The FTC/OCR letter warns that certain online tracking technologies that “may be present” on the recipients’ […]