Insights

On February 13, 2026, the U.S. Department of Homeland Security (DHS) announced upcoming virtual town hall meetings scheduled for March 2026 regarding the implementation of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA).  The meetings will allow industry stakeholders to provide input to DHS to refine the “scope and burden” of the forthcoming CIRCIA final rule.

The National Institute of Standards and Technology (“NIST”) recently released draft guidelines for applying NIST’s Cybersecurity Framework to organizations adopting artificial intelligence. NIST requests public comments on its “Initial Preliminary Draft” Cybersecurity Framework Profile for Artificial Intelligence (the “Cyber AI Profile”) by midnight on January 30, 2026. 

In an important first, the yearly defense policy law, the National Defense Authorization Act (NDAA) for Fiscal Year 2026, directs the Department of Defense (DoD)  to develop and implement a framework addressing the cybersecurity and physical security of artificial intelligence and machine learning technologies (AI/ML) acquired by the Pentagon.

The landscape of AI governance and regulation is shifting. Following the release of the White House’s “America’s AI Action Plan” in July 2025 and the President’s signing of related Executive Orders, the White House has emphasized (at least rhetorically) a preference for innovation, adoption, and deregulation. But that does not tell the entire story. The Administration remains committed to exercising a heavy hand in AI, including by banning the U.S. government’s procurement of so-called “woke AI,” intervening in the development of data centers and the export of the AI technology stack, imposing an export fee for certain semiconductors to China, and assuming a stake in a U.S. semiconductor company. State legislatures are also racing to implement their own regulations, particularly around AI’s use in critical areas, such as healthcare, labor and employment, and data privacy. The many sources of regulation raise the specter of a fragmented compliance environment for businesses. This webinar will delve into the Administration’s AI strategy, going beyond the headlines to analyze:

On February 5, 2026, Partner Matthew F. Ferraro spoke on the panel “AI Regulation Update: Getting Ahead of New U.S. State Laws” at Privado AI’s Bridge Summit 2026 virtual conference. (The discussion can be viewed here.) Ferraro was joined by Jonathan Tam, Tech & AI Partner, at Baker McKenzie. Ferraro, a former cyber and technology senior official at the U.S. Department of Homeland Security, and Tam discussed the evolving state legislative landscape relating to artificial intelligence and what companies need to know to flourish amid growing regulatory complexity.

On December 11, 2025, Partner Matthew F. Ferraro gave a virtual presentation to the New York Technology Innovation 2025 conference on “The State of AI Regulation.” He explained the current state of artificial intelligence regulation at the international, federal, and state levels, and discussed how companies can thrive in an era of varying policies and rapid technological change. Click here to view his presentation.

On October 30, 2025, Partner Matthew F. Ferraro spoke on the panel “An Interdisciplinary Approach to AI Development and Regulation in the Age of AI” at IAPP’s Privacy. Security. Risk. 2025 conference in San Diego, California. Ferraro was joined on the panel by Robyn Eckerling, Chief Privacy Officer at Tempus, Ali Jessani, Counsel at WilmerHale, and Shannon Togawa Mercer, Senior Counsel at OpenAI. Ferraro, a former cyber and technology senior official at the U.S. Department of Homeland Security, and the panel discussed how AI developers, deployers, attorneys and policymakers can navigate changing policies, advancing technologies, and evolving business goals.

In this episode, hosts Payal Nanavati and Megan Beaver speak with Linda Malek and Matthew F. Ferraro about the latest federal and state developments in artificial intelligence (AI) policy affecting health care. The conversation covers the Trump administration’s AI action plan and Executive Orders on AI, new industry-specific and comprehensive state laws, and enforcement trends, with a focus on how these changes impact the health care industry.

This week’s episode covers developments involving DOJ’s guidance for federal funding recipients regarding DEI and the White House AI Action Plan, and is hosted by Peter Eyre, Katie Erno, and Matthew F. Ferraro. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.