Tag Archives: Kirk J. Nahra

Utah Publishes Social Media Regulation Act Proposed Rule

by Kirk J. Nahra, Ali A. Jessani, and Samuel Kane

Photos of the authors

From left to right: Kirk J. Nahra, Ali A. Jessani, Samuel Kane.

On October 15, the Utah Department of Commerce’s Consumer Protection Division published a Proposed Rule implementing elements of the Utah Social Media Regulation Act (SMRA), which was signed into law in March 2023.

The SMRA imposes a range of requirements on social media companies related to minors’ use of social media platforms. The law, for example, requires that social media companies verify users’ ages, obtain parental consent authorizing minors to use the companies’ services, limit the functionality of minors’ accounts (e.g., messaging, advertising), and restrict the hours at which minors can access their accounts. The law also includes broad restrictions on these companies’ use of practices, designs, or features that contribute to minors’ addiction to social media. Importantly, the law is enforceable both by the Consumer Protection Division and through a private right of action. The Proposed Rule, in turn, offers additional specifics regarding how social media companies can satisfy the SMRA’s age verification and parental consent requirements. Public comments on the Proposed Rule will be accepted until February 5, 2024.

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Certification Under the EU-U.S. Data Privacy Framework

by Dr. Martin Braun, Kirk J. Nahra, Tamar Y. Pinto, Shannon Togawa Mercer, Itsiq Benizri, and Valentino Halim

Photos of the authors

Top left to right: Dr. Martin Braun, Kirk J. Nahra, and Tamar Y. Pinto.
Bottom left to right: Shannon Togawa Mercer, Itsiq Benizri, and Valentino Halim.
(Photos courtesy of Wilmer Cutler Pickering Hale and Dorr LLP)

On July 10, 2023, the European Commission adopted an adequacy decision for the new EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the successor to the EU-U.S. Privacy Shield, which the Court of Justice of the European Union deemed invalid on July 16, 2020. The U.S. Department of Commerce (“DoC”) is charged with administering and monitoring the EU-U.S. DPF program.

On July 17, 2023, the DoC International Trade Administration launched its EU-U.S. DPF website. Companies are now able to review the key requirements for participating organizations, including how to join the program and how to recertify.

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Significant Improvements for International Transfers of Personal Data – Adequacy Decision for the New EU-U.S. Data Privacy Framework Adopted by the European Commission

by Dr. Martin Braun, Kirk J. Nahra, Frédéric Louis, Benjamin A. Powell, Anne Vallery, Itsiq Benizri, Valentino Halim, Ali A. Jessani, and Shannon Togawa Mercer

Photos of the authors

Top left to right: Dr. Martin Braun, Kirk J. Nahra, Frédéric Louis, Benjamin A. Powell, and Anne Vallery.
Bottom left to right: Itsiq Benizri, Valentino Halim, Ali A. Jessani, and Shannon Togawa Mercer.
(Photos courtesy of Wilmer Cutler Pickering Hale and Dorr LLP)

On July 10, 2023, the European Commission adopted its long-awaited adequacy decision for the EU-U.S. Data Privacy Framework (“Adequacy Decision”). This ends a three-year journey to set up a successor to the EU-U.S. Privacy Shield mechanism, which the Court of Justice of the European Union (“CJEU”) deemed invalid on July 16, 2020. U.S. President Joe Biden welcomed the Adequacy Decision, stating that it “will provide greater data privacy protections and economic opportunities.”

The Adequacy Decision concludes that the U.S. provides for an adequate level of protection under the EU’s General Data Protection Regulation (“GDPR”) when personal data of individuals in the European Economic Area (“EEA”) is transferred to U.S. companies certified under the new EU-U.S. Data Privacy Framework.

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FTC Warns Companies about Generative AI

by Kirk J. Nahra, Arianna Evers, Ali A. Jessani, and Roma Gujarathi

Photos of the authors

From left to right: Kirk J. Nahra, Arianna Evers, Ali A. Jessani, and Roma Gujarathi (Photos courtesy of Wilmer Cutler Pickering Hale and Dorr LLP)

On May 1, the Federal Trade Commission (FTC) released a blog post cautioning companies about the use of generative AI tools to change consumer behavior. Generative AI is a subset of AI that can generate new text, images, and other media based on patterns learned from existing data. The machine-generated content often feels authentic and realistic and is convincingly similar to that of a real human.

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