In April, the Federal Communications Commission (FCC or Commission) adopted its Net Neutrality Order which once again reclassified Broadband Internet Access Service (BIAS) as a Title II, common carrier service. ...more
On October 1, 2019, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) largely upheld the “light-touch” approach to net neutrality regulation adopted by the Federal Communications Commission (FCC or the...more
On Friday, February 1, 2019, the U.S. Court of Appeals for the D.C. Circuit held a marathon oral argument in Mozilla Corp. v. FCC, No. 18-1051 (D.C. Cir. Feb. 22, 2018), in which various petitioners challenged the Federal...more
In an event sure to garner significant attention from tech, consumer protection, and government stakeholders, oral argument on the consolidated appeals of the FCC’s Restoring Internet Freedom Order (“Order”) will take place...more
On March 8, 2018, the United States Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the Ninth Circuit to hear the petitions for review of the Federal Communications Commission’s...more
On 27 February 2018, the U.S. Court of Appeals for the Ninth Circuit ruled unanimously in an en banc decision that the Federal Trade Commission (FTC) may bring enforcement actions against AT&T and other telecommunications...more
The US Court of Appeals for the Ninth Circuit this week issued an en banc decision reversing an earlier Ninth Circuit panel order that had found the Federal Trade Commission has no authority over “common carriers,” including...more
The Republican-led FCC’s effort to get out of the business of regulating broadband providers’ consumer practices took a step forward on Monday. In an appeal that has been proceeding in parallel with the FCC’s “Restoring...more
On February 26, 2018, a unanimous 11-judge en banc panel of the Ninth Circuit upheld the authority of the Federal Trade Commission (“FTC”) over the non “carrier” activities of a company with common carrier lines of business...more
New FCC order scales back net neutrality mandates while seeking to ensure internet openness through updated transparency requirements and FTC oversight. Background - On January 4, 2018, the Federal Communications...more
On December 14, 2017, the FCC adopted a decision reversing nearly all of the significant elements of its 2015 Open Internet Order and the "network neutrality" rules from that order, retaining only the requirement that...more
This Thursday, December 14th, the FCC will vote on the Restoring Internet Freedom Order, after releasing a draft on November 22nd. The Draft Order would overturn the FCC’s earlier 2015 Open Internet Order. We don’t expect any...more
On December 11, 2017, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) released a draft Memorandum of Understanding (MOU) which will allocate oversight and enforcement authority related to...more
The wheel that is U.S. policy on “net neutrality” has taken another turn with the release of the FCC’s draft Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet Order (the “Title II...more
The wheel that is U.S. policy on “net neutrality” has taken another turn. On November 22, 2017, the FCC released a draft of the Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet...more
Last year, the contentious net neutrality debate appeared to be finally settled when the U.S. Court of Appeals for the District of Columbia Circuit affirmed the FCC’s 2015 Open Internet Order.[1] But in May, the FCC launched...more
New developments: Since we published our update below, the FCC has adopted a Notice of Proposed Rulemaking to begin the process of rolling back the rules and regulatory framework for net neutrality...more
Both the House (215-205) and Senate (50-48) have voted to revoke the Federal Communication Commission’s (FCC) broadband privacy rules which would have forced broadband Internet Service Providers (ISPs), such as Verizon,...more
On April 3, 2017, the President signed into law a joint resolution that eliminates rules submitted by the Federal Communications Commission (FCC) that would have required Internet Service Providers (ISPs) to get approval from...more
New development: President Trump signed the Congressional Review Act (CRA) resolution of disapproval on April 3, 2017. The Federal Communications Commission is now prohibited from promulgating rules “substantially similar” to...more
As anticipated, the Republican members of the Federal Communications Commission are taking steps to pare down the 2016 Broadband Privacy Order now that they are in the majority. The FCC has released an order staying the data...more
On January 23, 2017, President Donald Trump named Ajit Pai as Chairman of the Federal Communications Commission (FCC). In his previous role as the senior Republican on the FCC under President Barack Obama, Mr. Pai was an...more
Tomorrow, October 27, the Federal Communications Commission (FCC) is scheduled to vote on new privacy rules for internet service providers (ISP) that will have a lasting impact on U.S. privacy regulation. In this special...more
The Federal Communications Commission (“FCC”) asserted broad regulatory authority over the Internet and broadband Internet service providers when it reclassified Internet access service as a “common carrier” service under...more