John Seiver

John Seiver

Davis Wright Tremaine LLP

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Hotly Anticipated Broadband Privacy Order Released by FCC

On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a...more

11/11/2016 - Breach Notification Rule Broadband Communications Act of 1934 Customer Proprietary Network Information (CPNI) Data Breach Data Security FCC FTC Internet Service Providers (ISPs) Personally Identifiable Information Preemption Section 222 Telecommunications

Ninth Circuit Rules All Common Carriers Beyond Reach of FTC’s Consumer Protection Authority

In a decision that could significantly impact the scope of the Federal Trade Commission’s consumer protection authority under Section 5 of the FTC Act, the U.S. Court of Appeals for the Ninth Circuit ruled on August 29, 2016,...more

9/2/2016 - AT&T Corporate Counsel FCC FTC FTC Act Section 5

6th Circuit Reverses FCC’s Preemption of State Law

Yesterday the Sixth Circuit granted two petitions for review in The State of Tennessee et al. v. FCC and issued its opinion reversing the FCC’s order that preempted the laws of Tennessee and North Carolina that limited the...more

8/15/2016 - Broadband FCC Preemption Telecommunications

Definition of “PII” Under VPPA Continues to Evolve with 3rd Circuit Ruling

On June 27, 2016, the U.S. Court of Appeals for the Third Circuit became the latest appellate court to weigh how the Video Privacy Protection Act (VPPA or “the Act”) – a 1988 statute meant to protect consumer privacy by...more

7/7/2016 - COPPA Corporate Counsel IP Addresses Nickelodeon Personally Identifiable Information VPPA

More Talk on Further OIO Review… And Will the Sixth Circuit Look at How the DC Circuit Ruled on Section 706 to Decide State Law...

It seems likely that one or more Petitioners in the consolidated case USTA v. FCC will seek review, either en banc or in the Supreme Court, of the D.C. Circuit’s decision released on June 14th. (DWT’s detailed advisory is...more

6/20/2016 - Broadband FCC Internet Service Providers (ISPs) Open Internet Rules Preemption

FTC Settles Case against Vulcun for Force-Installing Apps

On May 10, the Federal Trade Commission (FTC) announced it had approved an order with General Workings, Inc., d/b/a “Vulcun,” settling charges that the company violated the Federal Trade Commission Act (FTC Act) when it...more

6/16/2016 - Data Collection FTC FTC Act Mobile Apps Mobile Devices

DC Circuit Affirms FCC’s Open Internet Order

Today the U.S. Court of Appeals for the D.C. Circuit rejected multiple Petitions for Review and upheld the FCC’s Open Internet Order. That order reclassified wired and mobile broadband Internet access services as...more

6/15/2016 - Broadband FCC Internet Service Providers (ISPs) Mobile Broadband Services Open Internet Rules Telecommunications

Supreme Court’s “Standing” Ruling in Spokeo and Its Impact on Pending and Future Litigation

The U.S. Supreme Court recently issued its much-anticipated ruling in Spokeo v. Robins, in which the Court considered whether Congress can confer Article III standing on a plaintiff to bring an action based on an alleged...more

6/10/2016 - Article III Class Action Corporate Counsel FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing TCPA VPPA

SCOTUS Vacates Ninth Circuit’s Spokeo Decision

When the Supreme Court granted certiorari in Spokeo v. Robins, it was clear that a ruling in the case would have significant implications for litigation under privacy statutes. The issue before the Court was whether Congress...more

5/16/2016 - Article III Background Checks Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing

First Circuit and FTC Address Definitions of “PII,” While Michigan Amends Privacy Law to Remove Statutory Damages

On April 29, 2016, the U.S. Court of Appeals for the First Circuit handed down its widely anticipated opinion in Yershov v. Gannett Satellite Information Network, Inc., in which it expanded the reach of the Video Privacy...more

5/13/2016 - Actual Damages Amended Legislation Class Action FTC GPS Mobile Apps Persistent Identifiers Personal Data Personally Identifiable Information Subscribers Video Privacy Protection Act

The FCC’s Privacy NPRM: A Closer Look at the Commission’s Legal Authority and Some of Its Proposals

As we have previously advised, the FCC’s proposed rulemaking to “protect the privacy of customers of broadband and other telecommunications services” (the “NPRM”) proposes sweeping changes to the ways that Internet Service...more

4/27/2016 - Broadband Cable Operators Communications Act of 1934 Customer Proprietary Network Information (CPNI) Data Security FCC FTC Internet Service Providers (ISPs) NPRM Personally Identifiable Information Section 222 Telecommunications

Tennessee Gives Businesses 45 Days for Data Breach Notice

Recent amendments to the State’s data breach statute give a hard deadline for a business to provide consumer notice, removes encryption safe harbor, exempts entities that are subject to the Health Insurance Portability and...more

4/21/2016 - Cyber Attacks Cybersecurity Data Breach Encryption Gramm-Leach-Blilely Act HIPAA HITECH Incident Response Plans New Legislation Notification Requirements Personally Identifiable Information Safe Harbors

FCC Adopts NPRM for ISP Privacy at March Open Meeting

Late this afternoon the FCC adopted a Notice of Proposed Rulemaking (NPRM) proposing new rules governing the privacy practices of Internet Service Providers (ISPs) at its monthly open meeting, which was delayed several times...more

4/1/2016 - Broadband Communications Act 2003 FCC Internet Service Providers (ISPs) NPRM Privacy Policy

What Does Campbell-Ewald Mean for Your Business?

A recent ruling by the United States Supreme Court held that a defendant cannot terminate a putative class action by offering the representative plaintiff complete relief, rejecting some courts’ dismissals of class action...more

2/3/2016 - Campbell Ewald v Gomez Class Action Class Representatives Mootness Rule 68 SCOTUS Settlement Offer TCPA

ALJ Dismisses FTC Data Breach Action Against LabMD

In the first ruling rebuking the Federal Trade Commission’s cybersecurity enforcement efforts, the FTC’s head administrative law judge dismissed the FTC’s complaint against LabMD, Inc., on November 13, stating that...more

11/24/2015 - Data Breach FTC LabMD Section 5 Unfair or Deceptive Trade Practices

“And That’s the End!” 11th Circuit Ends VPPA Action in Ellis, But Leaves the Question of What is PII Unresolved

Digital content and media providers got some good news from the U.S. Court of Appeals for the Eleventh Circuit in October when the court held that plaintiffs must be “subscribers” and not just users of a provider’s service to...more

11/13/2015 - Corporate Counsel Data Collection Data-Sharing Digital Media Personally Identifiable Information Popular VPPA

Wyndham v. Deflategate: Where Are the Goal Posts?

As a privacy litigator, I could not help but observe an apparent contradiction in the way the Third Circuit allowed the FTC to pursue Wyndham Hotels for cybersecurity breaches under the FTC Act, but Judge Berman (SDNY)...more

9/11/2015 - Cyber Attacks Cyber Crimes Cyber Threats Cybersecurity Data Breach Data Protection Data Security Deflategate Enforcement Actions Federal Arbitration Act FTC FTC v Wyndham Hackers New England Patriots NFL Tom Brady Work Suspensions Wyndham

Open Internet Advisory Opinions: Do You Feel Lucky?

As part of the 2015 Open Internet Order (“Order”), the FCC adopted rules enabling regulated entities to seek advisory opinions from the Enforcement Bureau regarding the application of the Open Internet rules to proposed...more

7/23/2015 - Compliance Enforcement FCC Internet Open Internet Rules

Significant Amendments to COPPA Proposed in Do Not Track Kids Act

Reigniting their previous bipartisan attempts to amend the Children’s Online Privacy Protection Act (COPPA) and add greater privacy protections for children and younger teens, U.S. Senator Edward Markey (D-Mass.) and Rep. Joe...more

6/22/2015 - COPPA Data Collection Do Not Track Minors Proposed Amendments Proposed Legislation

Supreme Court Grants Cert in Campbell-Ewald v. Gomez

In a move that may greatly impact litigation under the Telephone Consumer Privacy Act (TCPA) and potentially other acts that provide statutory damages for violations, the high court will hear arguments in a case questioning...more

5/21/2015 - Article III Campbell Ewald v Gomez Certiorari Class Action SCOTUS TCPA

FCC Sets Stage for Supplemental Changes to the Federal Telecom Pole Attachment Rate Formula

Today, the FCC Wireline Competition Bureau released a Public Notice seeking to refresh the record on a Petition for Reconsideration filed by the National Cable & Telecommunications Association (NCTA), COMPTEL, and tw telecom...more

5/7/2015 - FCC Pole Attachment Order Telecommunications

Will Class Actions Have a Leg to Stand on After Spokeo?

In essence, the question presented in Spokeo is whether a statutory violation, without more, satisfies the injury requirements for Article III standing purposes. Should the Court rule in Spokeo, Inc.’s favor when it hears the...more

5/4/2015 - Corporate Counsel FCRA Federal Jurisdiction Imminent Harm Popular Private Right of Action SCOTUS Spokeo v Robins Standing Statutory Damages Young Lawyers

Supreme Court Grants Cert in Spokeo v. Robins

On April 27 the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, setting the stage for the high court to resolve a critical standing question that is an issue in almost all online privacy cases:...more

4/29/2015 - Article III Certiorari FCRA Federal Jurisdiction Private Right of Action SCOTUS Spokeo v Robins Standing

Open Internet Order Published and to Become Effective on June 12, 2015—Numerous New Appeals Expected

The FCC’s Open Internet Order (the “Order”) was published in the Federal Register today, Monday, April 13, and, unless the Order is stayed, will become effective after sixty days, on June 12, 2015. Publication in the Federal...more

4/14/2015 - Covered Entities Data Collection FCC Judicial Review Open Internet Rules

Canada Issues First Penalties Under Anti-Spam Law

CRTC imposes over US$900,000 in fines against two companies, reminding U.S.- and foreign-based businesses about possible liability under Canada’s Anti-Spam Law - This month marks the issuance of the first two enforcement...more

4/6/2015 - Canada CASL Commercial Electronic Messages Corporate Fines Enforcement Actions Popular

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