Bob Scott

Bob Scott

Davis Wright Tremaine LLP

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FCC Releases Full Text of Order Preempting State Laws Limiting Municipal Broadband

On March 12, 2015, the Federal Communications Commission released the text of its order preempting provisions of North Carolina and Tennessee law that allow municipalities to provide broadband service but otherwise limit the...more

3/18/2015 - Broadband FCC Municipalities

FCC Applies Section 222 to BIAS Providers, but Delays Specialized Rules

The Order does not forbear from applying Section 222 of the Act to broadband Internet access service (BIAS) providers. It did, however, forbear from applying its existing rules implementing Section 222, in recognition that...more

3/18/2015 - Broadband Data Collection Enforcement FCC Personally Identifiable Information

Impact of Reclassification on Pole Attachments

The Order recognizes that the deployment of communications networks and broadband infrastructure depends heavily on access to utility poles on reasonable rates, terms and conditions. Accordingly, the Order declined to...more

3/17/2015 - Broadband FCC Internet Internet Service Providers ISPs Pole Attachment Order Public Utility Telecommunications Utilities Sector Utility Poles

FCC Preempts Two State Laws That Limit the Geographic Reach of Municipal Broadband Systems

On February 26, 2015, the Federal Communications Commission voted to strike down provisions of North Carolina and Tennessee laws that restrict the area in which municipally-owned broadband systems in those states are allowed...more

3/4/2015 - Broadband FCC Infrastructure Municipalities Preemption

FCC Votes to Approve New Net Neutrality Rules

On a party-line 3-2 vote, the FCC on February 26, 2015, approved new Open Internet (or Net Neutrality) rules, although it has not released the text of its actual ruling. Based on an FCC press release and a written statement...more

3/2/2015 - FCC Final Rules Internet Net Neutrality Telecommunications Act of 1996

FCC Clarifies That Competitive Cable Franchising Rules Do Not Preempt State Franchising Laws, And Affirms Application Of Its 621...

Nearly eight years after issuing its so-called “621 Order” limiting local governments’ actions and authority over competitive cable franchising, and its 2007 Second Report and Order which extended to incumbent cable operators...more

1/28/2015 - Cable Television Providers FCC Franchises Preemption

Kentucky Enacts Data Breach Notice Law That Adds Extra Protection for Student Information while inBloom Withers

The world of the 1987 movie Robocop largely remains science fiction – except, perhaps the central character’s ability to access massive amounts of confidential personal data through the strike of a keyboard or even his helmet...more

5/2/2014 - Breach Notification Rule Data Breach Data Protection Student Records Students

NIST Issues Cybersecurity Framework 1.0 While Congress Increases Attention on Data Security and Cyber Crime

On Feb. 12, 2014, the National Institute for Standards and Technologies (NIST) released its final Cybersecurity Framework, meeting the one year deadline and anniversary of President Obama’s Executive Order and a Presidential...more

2/17/2014 - Critical Infrastructure Sectors Cybersecurity Cybersecurity Framework NIST

Google Street View Class Action Survives: Ninth Circuit Holds Wi-Fi is Not "Radio" Under Wiretap Act

In the latest development in the Google Street View case, the Ninth Circuit once again upheld the lower court’s decision that Google’s collection of unencrypted Wi-Fi does not fit within an exception to the Wiretap Act that...more

1/2/2014 - FCC Google StreetView Wiretap Act Wiretapping

FCC Asked To Rule That Anonymized Phone Call Data May Not Be Shared Absent Customer Consent Under CPNI Rules

A coalition of privacy advocates filed a petition for declaratory ruling with the FCC on December 11, 2013 seeking a significant tightening of the Commission’s existing rules that limit the sharing of Customer Proprietary...more

12/19/2013 - Consent FCC Privacy Laws Telecommunications

A House Divided: Federal Judges Take Conflicting Positions on Wiretap Act Claims Against Google in California's Northern District

Last week, the U.S. District Court for the Northern District of California dismissed a class action claim that Google’s modifications to its customer privacy policies and subsequent sharing of customer data across Google...more

12/11/2013 - Google Invasion of Privacy Privacy Policy Wiretapping

NIST Releases Preliminary Cybersecurity Framework: Comments Next and Final Due In February 2014

On October 22, 2013, the National Institute of Standards and Technologies (NIST) released its “Preliminary Cybersecurity Framework,” with comments due 45 days after publication in the Federal Register. NIST expects the window...more

10/28/2013 - Cybersecurity Cybersecurity Framework Data Protection Executive Orders NIST

NIST Releases Draft Cybersecurity Framework

The National Institute of Standards and Technologies (NIST) has released the first draft of the Cybersecurity Framework required by President Obama’s Executive Order 13636 and Presidential Policy Directive 21, as detailed in...more

7/5/2013 - Cybersecurity Cybersecurity Framework Internet NIST

Deadline for Compliance with Updated COPPA Rules Draws Near

The July 1, 2013, deadline for complying with the Federal Trade Commission’s (FTC) updated regulations implementing its Children’s Online Privacy Protection Act (COPPA Rule) is around the corner, as discussed in our post here...more

6/18/2013 - Compliance COPPA Deadlines FTC

Federal Cybersecurity Initiatives Demand Vigilance of Communication and Energy Infrastructure Owners and Operators

Cybersecurity initiatives are moving rapidly within the federal government and require owners and operators of critical infrastructure – including in particular Communication and Energy Systems, and those who supply and...more

6/13/2013 - Cybersecurity Cybersecurity Framework Energy NIST

Executive Order and Policy Directive Promotes Cybersecurity Cooperation and Intelligence Sharing

On February 12, 2012, President Obama signed an Executive Order as well as a complementary Presidential Policy Directive intended to improve the flow of information and cyber-threat intelligence between government agencies...more

2/15/2013 - Barack Obama Cybersecurity Cybersecurity Framework DHS Enhanced Cybersecurity Services Executive Orders Information Sharing Infrastructure NIST Presidential Directives

The FTC and California’s Attorney General Recommend Detailed New Privacy Practices and Disclosures for Entities Operating in the...

The Federal Trade Commission (FTC) and California Attorney General’s office each recently issued detailed guidance for providers of mobile platforms, apps, ad networks, and their trade associations....more

2/11/2013 - Consent COPPA Data Collection Do Not Track FTC Mobile App Privacy Guidelines Mobile Apps Mobile Devices Mobile Privacy Disclosures Privacy Policy

FTC Again Challenges Kids' Mobile App Data Collection and Disclosure Practices

The Federal Trade Commission (“FTC”) released on December 10, 2012, its second staff report on disclosures for mobile apps targeted at children, building on its prior report issued 10 months earlier....more

12/13/2012 - COPPA Data Collection Disclosure Requirements FTC Mobile Apps

FTC Settlement Embodies First Agency Action Against Browser History Sniffing

The Federal Trade Commission (“FTC”) announced a proposed settlement of allegations that online advertising company Epic Marketplace, Inc. and its affiliate Epic Media Group (“Epic”) engaged in deceptive practices by failing...more

12/6/2012 - Advertising FTC Unfair or Deceptive Trade Practices

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