John Seiver

John Seiver

Davis Wright Tremaine LLP

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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

Appellate Courts Being Drawn Into VPPA Fray

Last week the Third and Eleventh Circuit Courts of Appeals assigned case numbers to the appeals of In re Nickelodeon Privacy Litigation and Locklear v. Dow Jones & Co., Inc., two recently dismissed class actions in which...more

3/12/2015 - Appeals Class Action Dow Jones Hulu Nickelodeon Personally Identifiable Information Television Broadcast Stations VPPA

Rewind and Replay: Plaintiffs Appeal Dismissal of VPPA Suits against Viacom, Google and Dow Jones

Plaintiffs in two recently dismissed class actions alleging violations of the Video Privacy Protection Act (“VPPA”) filed notices of appeal this week, asking the Third and Eleventh Circuit Courts of Appeals to hit the rewind...more

2/20/2015 - Appeals Class Action Dismissal With Prejudice Dow Jones Google Nickelodeon Personally Identifiable Information Viacom VPPA

FCC Enforcement Bureau Dismisses ILEC Pole Attachment Complaint

Earlier this week the FCC’s Enforcement Bureau dismissed without prejudice a pole attachment complaint filed by Verizon Florida LLC (“Verizon”) against Florida Power and Light (“FPL”). It was the FCC’s first substantive...more

2/18/2015 - Dismissals FCC Pole Attachment Order Verizon

Quoth the Maven: “Without More!” Federal Judge Dismisses Dow Jones VPPA Class Action, While Hulu Parties Square off Over...

A Growing Chorus of Federal Courts Finds User IDs, by themselves, Do Not Count as Personally Identifiable Information under the VPPA Recently, a federal district judge joined a number of his colleagues around the country who...more

1/30/2015 - Advertising Class Action Cookies Dismissals Dow Jones Facebook Hulu Online Advertisements Personally Identifiable Information Putative Class Actions Social Media VPPA

When Plaintiffs Try to Fit Square Pegs in Round Holes – U.S. District Court Ends VPPA, State Law Class Action Against Viacom,...

On Tuesday, Jan.20, New Jersey Federal District Judge Stanley R. Chesler dismissed with prejudice the last remaining allegations in a multidistrict class action against Viacom and Google, formally ending plaintiffs’ suit...more

1/30/2015 - Children's Online Games Class Action Dismissal With Prejudice Google Multidistrict Litigation Online Videos Parental Consent Viacom VPPA

President Obama Proposes National Data Breach Law, Unveils New Consumer and Student Privacy Initiatives

On January 12 President Obama visited the Federal Trade Commission (“FTC”) where he unveiled several new data security and privacy initiatives, including proposed legislation to create a national data breach notification law...more

1/16/2015 - Barack Obama Consumer Privacy Bill of Rights Data Protection FTC Proposed Legislation Student Privacy

“Th-th-th-that’s All, Folks!” Federal Judge Dismisses Class Action against Cartoon Network, Finds Anonymous User IDs Don’t Qualify...

On October 8, Georgia Federal District Judge Thomas Thrash, Jr., dismissed a putative class action against The Cartoon Network, Inc., where the plaintiff alleged that the animation company violated the Video Privacy...more

10/30/2014 - Cartoon Network Class Action Dismissals Electronically Stored Information Mobile Apps Personally Identifiable Information VPPA

Improving Data Breach Security, from the Customer’s Wallet on Up: In Wake of Massive Breaches, It May be Time to Consider...

In early September, Home Depot announced that it had suffered a severe security incident, which resulted in a massive data breach that exposed the payment card information of Home Depot customers across the United States and...more

10/30/2014 - Credit Cards Cybersecurity Data Breach Data Protection Employer Liability Issues Hackers Home Depot Malware

Google Street View Plaintiffs on the Hunt for “a Needle in a Haystack” to Demonstrate Standing, but District Court Grants...

Back in April, Google filed a Petition for Certiorari with the U.S. Supreme Court in the Street View case, seeking review of the Ninth Circuit’s decision holding that unencrypted Wi-Fi signals are protected from interception...more

10/2/2014 - Certiorari Encryption Google Putative Class Actions SCOTUS StreetView Wifi Wiretap Act

Google "Street View" case may be headed for SCOTUS Review

Google held true to its promise to seek SCOTUS review of the Ninth Circuit’s interpretation of the term “radio communications” in the Wiretap Act when it filed its Petition for Certiorari last week. Google had argued in the...more

4/3/2014 - Google Wifi Wiretap Act

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

Canada Adopts Final Regulations, Announces Expansive Anti-Spam Law Will Start Taking Effect July 1, 2014

Canada’s Department of Industry has published long-awaited Governor in Council regulations and announced key compliance dates necessary to implement Canada’s anti-spam law (CASL), which was enacted almost exactly three years...more

12/18/2013 - Anti-Spam Legislation Canada CASL

SCOTUS Denies Cert in Challenge to Facebook's "Beacon" Class Action Settlement

The U.S. Supreme Court has declined to review a case challenging the fairness of a cy pres settlement of a class action against Facebook related to Facebook’s “Beacon” program that was launched in late 2007. Although the...more

11/6/2013 - Certiorari Class Action Facebook SCOTUS Settlement

Update: Google Not Going Down Without a Fight

Google is seeking further review in two cases we wrote about last week on alleged Wiretap Act violations. In the Gmail case, where Google was charged with improperly reviewing subscribers’ emails, Google asked Judge Koh to...more

10/14/2013 - Cookies Data Collection Data Protection Email Google Wiretapping

More Online Trouble for Service Providers?

Google is facing increased scrutiny of its data collection and use practices, which may be a warning to all Internet and online service providers. Last week, Judge Koh in San Jose held Google accountable for an alleged...more

10/3/2013 - Advertising Data Collection Email Google Internet Service Providers Wiretapping

9th Circuit Joffe v. Google "Street View" Decision Raises Questions About Wiretap Act's "Radio Transmissions" Exception

Last week, the Ninth Circuit held that the Wiretap Act prohibits the kind of “interception” and collection of transmissions from unencrypted Wi-Fi networks that Google reportedly followed in compiling Street View data....more

9/18/2013 - Encryption Exemptions Google Invasion of Privacy Motion to Dismiss StreetView Wifi Wiretapping

Former Subscriber Has No Right to Damages for Video Provider’s Failure to Destroy Personally Identifiable Information

In Padilla v. DISH Network L.L.C., a former subscriber alleged DISH failed to destroy his personally identifiable information (PII) upon cancellation of service, and failed to continue sending annual privacy notices while...more

8/5/2013 - Books & Records Personally Identifiable Information Privacy Policy

California District Court Finds National Security Letter Statute Unconstitutional

Last week, in In re National Security Letter, the United States District Court for the Northern District of California found unconstitutional two sections of the federal law allowing the FBI to issue “National Security...more

3/22/2013 - FBI First Amendment ISPs National Security National Security Letters Records Request Separation of Powers

U.S. Court of Appeals for the D.C. Circuit Upholds FCC’s April 2011 Pole Attachment Order

In a significant victory for cable and telecommunications providers, today the U.S. Court of Appeals for the District of Columbia Circuit, in a unanimous opinion, upheld the FCC’s April 2011 decision (2011 Pole Order)...more

2/27/2013 - Cable Television Providers FCC ILEC National Broadband Plan Pole Attachment Order Rental Rates Telecommunications Utility Poles

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