John Seiver

John Seiver

Davis Wright Tremaine LLP

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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

FCC Announces Broadband Consumer Privacy Workshop – April 28

Commission makes good on Chairman Wheeler’s promise following adoption of new Net Neutrality rules The Federal Communications Commission recently announced that will hold a public workshop on April 28, exploring the FCC’s...more

3/31/2015 - Broadband FCC Net Neutrality Privacy Policy Public Meetings

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

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