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  • Date:

    Baggett v. State Univ. of New York. at Niagara, Niagara Cnty. Cmty. Coll. (W.D. N.Y. Dec. 8, 2025)

    Opinion Denying in Part Defendant’s Motion to Dismiss. Plaintiff, a former student at SUNY Niagara County Community College, brought claims of negligence, breach of contract, and unjust enrichment against the college following a data breach that exposed his and other potential class members’ personally identifiable information and caused them harm through increased risk of identity theft and mitigation costs. As a preliminary matter, the court held plaintiff had Article III standing because the unauthorized exposure of his private information, along with the costs of mitigating identity theft, constituted a concrete injury. The court found that plaintiff had sufficiently alleged a breach of contract claim, finding it plausible that there was an implied contract and a reasonable expectation that the college would safeguard plaintiff’s data. The court further allowed plaintiff’s unjust enrichment claim to proceed, finding he plausibly alleged that the college had enriched itself by failing to provide adequate data security. However, the court granted the college’s motion to dismiss plaintiff’s negligence per se claim, reasoning that the Federal Trade Commission Act did not create a private right to action in New York.

    Topics:

    Cybersecurity | Data Privacy | Privacy & Transparency | Technology

  • Date:

    Murray v. Conn. Coll. (D. Conn. Sep. 23, 2025)

    Opinion Granting in Part Defendant’s Motion to Dismiss. Plaintiff, a former student at Connecticut College, in a putative class action, brought negligence, breach of contract, and unjust enrichment claims against the college seeking damages and injunctive relief after a data-security breach which, according to plaintiff, allowed unauthorized third-party cybercriminals to gain access to his personal identifying information (PII) and personal health information (PHI)  The court rejected the college’s argument that plaintiff lacked Article III standing to sue, finding that plaintiff had sufficiently alleged an injury from potential misuse of his data that was “sufficiently concrete, particularized, actual or imminent.” The court allowed plaintiff’s breach of contract claim to proceed, finding plaintiff made a plausible argument that, because he was required to provide PII and PIH as a condition of enrollment, it was fair to assume the college made an implicit promise to responsibly maintain his data. However, the court dismissed plaintiff’s negligence claim, finding he had failed to offer any analysis of the duty question under Connecticut law.

    Topics:

    Cybersecurity | Data Privacy | Litigation, Mediation & Arbitration | Privacy & Transparency | Technology | Tort Litigation

  • Date:

    Preventing Woke AI in the Federal Government – The White House (Jul. 23, 2025)

    Executive Order: “Preventing Woke AI in the Federal Government.” This Order states that artificial intelligence (AI) models acquired by the federal government must prioritize accuracy and remain free from ideological bias. The Order specifically prohibits large language models (LLMs) acquired by federal agencies from biases regarding Diversity, Equity, and Inclusion (DEI) frameworks. The Order further states that DEI-related content distorts factual accuracy and undermines trust in AI, and outlines a policy requiring all federally procured LLMs follow two “Unbiased AI Principles”: (1) Truth-seeking, meaning outputs must be “historical accura[te], . . . objectiv[e], and . . . acknowledge uncertainty where reliable information is incomplete or contradictory”; and (2) Ideological Neutrality, meaning outputs must be “neutral, nonpartisan tools that do not manipulate responses in favor of ideological dogmas such as DEI.” Finally, the Order requires the Office of Management and Budget, along with other relevant agencies, to issue guidance on implementation of these principles in federal procurement. Agencies must include compliance requirements in new LLM contracts and, where feasible, amend existing ones. The White House also published a Fact Sheet on the Order.  

    Topics:

    Cybersecurity | Technology

  • Date:

    Department of Education Releases New AI Guidance and Proposes New Grant Priority (Jul. 22, 2025)

    The U.S. Department of Education (the Department) issued a Dear Colleague Letter (DCL) providing guidance on the use of federal grant funds to support artificial intelligence (AI) in education. The letter outlined permissible uses of formula and discretionary funds to develop high-quality instructional tools, enhance tutoring through AI platforms, and support college and career advising through predictive and virtual systems. The letter affirmed that such uses are authorized under current law and emphasized adherence to various principles for responsible use, including educator leadership, ethical integration, accessibility, transparency, and data privacy. Alongside this updated guidance, Secretary Linda McMahon announced a proposed supplemental priority focused on advancing AI in education, which aims to promote AI and computer science instruction, professional development for educators, and the use of AI to personalize learning and improve administrative efficiency. The proposal is open for public comment through August 20. 

    Topics:

    Cybersecurity | Technology

  • Date:

    ACE Letter on AI Action Plan (Mar. 14, 2025)

    Letter from the American Council on Education (ACE) to the National Coordination Office offering input on the development of an Artificial Intelligence (AI) Action Plan. The letter recommends that the administration focus the Action Plan on: (1) establishing experimental sites for institutions across the postsecondary spectrum to pilot the use of AI in admissions and other areas; (2) keep FERPA in mind when considering student privacy issues; (3) encourage the Department of Education to convene groups and share best practices, especially with under resourced institutions; (4) incentivize the private sector to partner with a consortium of institutions, including under resourced institutions, and work to close the gaps in access to technology and requisite infrastructure to fully utilize AI across the postsecondary landscape; (5) provide additional funding for the Small Business Innovation Research program at the Institute of Education Sciences and expand the Fund for the improvement of Postsecondary Education Digital Learning Infrastructure and IT Modernization Pilot program; (6) support efforts to protect academic integrity and incorporate AI into curricula; and (7) support workforce development in AI through the academic pipeline. 

    Topics:

    Cybersecurity | Data Privacy | Privacy & Transparency | Technology

  • Date:

    Removing Barriers to American Leadership in Artificial Intelligence – The White House (Jan. 23, 2025)

    Executive Order: Removing Barriers to American Leadership in Artificial Intelligence. This Executive Order revokes Executive Order 14110: Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The Order charges the Assistant to the President for Science and Technology (APST) the Special Advisor for AI and Crypto, and the Assistant to the President for National Security Affairs (APNSA), in coordination with the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Director of the Office of Management and Budget (OMB Director) with developing an action plan to sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security within 180 days of the Order.  

    Topics:

    Cybersecurity | Data Privacy | Distance Learning | Privacy & Transparency | Technology

  • Date:

    Office of Educational Technology Brief on Navigating Artificial Intelligence in Postsecondary Education: Building Capacity for the Road Ahead (Jan. 14, 2025)

    Brief from the U.S. Department of Education, Office of Educational Technology titled “Navigating Artificial Intelligence in Postsecondary Education: Building Capacity for the Road Ahead.” The Brief is aimed to support institutional leaders who oversee the implementation of Artificial Intelligence (AI) across multiple areas of their institution. The Brief is divided between (1) providing recommendations, as well as guiding questions for institutional leaders related to AI; and (2) evidence-based insights on AI integration in learning environments, career readiness, admissions, enrollment, student advising and support, digital infrastructure, and faculty developments.  

    Topics:

    Cybersecurity | Data Privacy | Privacy & Transparency | Technology

  • Date:

    Office of Educational Technology, Empowering Education Leaders: A Toolkit for Safe, Ethical, and Equitable AI Integration (Oct. 25, 2024)

    The U.S. Department of Education Office of Educational Technology published a toolkit for safe, ethical, and equitable AI integration titled Empowering Education Leaders (the Toolkit). The Toolkit is “designed to help educational leaders make critical decisions about incorporating AI applications into student learning and the instructional core.” The Toolkit covers mitigating risks in safeguarding student privacy, security, and non-discrimination; building a strategy for AI integration in the instructional core; and maximizing opportunity and guiding the effective use and evaluation of AI. 

    Topics:

    Cybersecurity | Ethics | Technology

  • Date:

    Executive Order re: Development and Use of Artificial Intelligence (AI) (Oct. 30, 2023)

    Executive Order (EO) from President Biden on the Safe, Secure, and Trustworthy Use of Artificial Intelligence (AI). The EO aims to advance “a coordinated, Federal Government-wide approach” to “governing the development and use of AI safely and responsibly.” The EO contains provisions addressing the development of guidelines and best practices for the development and use of AI; cybersecurity and protection of privacy; concerns regarding equity and civil rights; protections for consumers, patients, and students; impact on workers; innovation and competitiveness; and use of AI by government agencies. The EO also directs the Secretary of Education to “develop resources, policies, and guidance regarding AI” including recommendations for “appropriate human review of AI decisions, designing AI systems to enhance trust and safety and align with privacy-related laws and regulations in the educational context, and developing education-specific guardrails.” The White House also released a Fact Sheet summarizing the directives in the EO.  

    Topics:

    Cybersecurity | Technology

  • Date:

    U.S. Dep’t of Defense. GSA, and NASA Interim Rule Prohibiting TikTok (June 2, 2023)

    U.S. Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) Interim Rule prohibiting TikTok on information technology used by Government Contractors. This Interim Rule implements the No TikTok on Government Devices Act included in the Consolidated Appropriations Act, 2023. The Rule amends the Federal Acquisition Regulation to include contract language providing that Government Contractors are “prohibited from having or using [TikTok] on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees.” The Interim Rule is effective immediately. Comments are due on or before August 1, 2023.  

    Topics:

    Contracts | Contracts Administration | Cybersecurity | Technology

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