News & Analysis as of

Cyber Alert: Security Vulnerabilities: You Don’t Need a Breach to Face Regulatory Scrutiny

Those who track newsworthy data breaches and other cybersecurity incidents know what type of fallout to expect from these events. Class action lawsuits from consumers, shareholders and financial institutions are now not an...more

FTC Staff Tackle FCC Privacy Rules in Public Comment

As the Federal Communications Commission sifts through over 50,000 comments received in response to its proposed broadband privacy rules, the Federal Trade Commission’s comments are likely to stand as a highlight. In a...more

Advertising Law - May 2016 #4

NAD Vacuums Up Preference Claims - In a challenge brought by a competing vacuum manufacturer, the National Advertising Division recommended that SharkNinja discontinue a claim that "Americans now choose Shark 2-to-1 over...more

Top Takeaways from DWT’s April 26 Open Internet Webinar

As the communications industry anxiously awaits a decision from the U.S. Court of Appeals for the D.C. Circuit on the judicial challenge to the Federal Communications Commission’s Open Internet rules, the Commission is...more

FCC Faces Scrutiny Over Proposed Privacy Rules for Internet Service Providers

The Federal Communications Commission (FCC) has faced intense opposition to its proposed privacy rules for internet service providers (ISPs) – and debate is expected to escalate very soon. The U.S. Senate Committee on the...more

Internet Service Providers Face New Regulatory Environment in the FCC’s Privacy and Security Proposal

On March 31, 2016, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking (NPRM) of privacy and security regulations for Internet service providers (ISPs). The NPRM, In The Matter of Protecting the...more

New Cop on the Block – FCC’s Proposed Data Privacy and Security Rulemaking for Broadband Internet Access Providers

In 2015, the Federal Communications Commission (FCC or global Commission) issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so...more

New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant...more

FCC Proposes Indiscriminate PII Definition in Privacy NPRM

In addition to a bothersome “breach” definition, the Federal Communications Commission (“FCC”), in its April 1, 2016 Notice of Proposed Rulemaking (“NPRM”) concerning ISP privacy regulation, proposes a sweeping definition of...more

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

Analysis of the FCC’s Proposed Broadband Privacy Regulations

As we highlighted in a post last month, the FCC has proposed sweeping new privacy rules on broadband providers. Since our last post, the FCC has released its proposal in the form of a Notice of Proposed Rulemaking. ...more

FCC Proposed Rule Will Change Business Data Services (Also Known as Special Access) Marketplace

Public and Private Agencies' Rates Could Be Impacted - The FCC is expected to issue a Further Notice of Proposed Rulemaking on April 28 that will rewrite the rules that protect local governments, public agencies and...more

FCC Proposes Sweeping Broadband Privacy Rules

Broadband Internet access service providers would face a new, top-to-bottom consumer privacy regime. Twelve months after the US Federal Communications Commission (FCC) imposed common-carrier telecommunications rules on...more

FCC Proposes Privacy Rules for Broadband Providers

In a recently issued Notice of Proposed Rulemaking, the FCC asked for comments on proposed rules that would apply the traditional privacy requirements of the Communications Act to providers of broadband Internet access...more

FCC Proposes Sweeping Privacy and Data Security Rules with Significant Potential Impact on the Broadband Ecosystem

On March 31, 2016, the Federal Communications Commission (FCC or Commission) voted along party lines (3-2) to launch a notice of proposed rulemaking (Notice or NPRM) to establish privacy rules for Broadband Internet Access...more

They Can Be Heroes: The FCC Proposes Expansive and Detailed Privacy & Cybersecurity Regulations for Broadband ISP

On April 1, 2016, the FCC released a Notice of Proposed Rulemaking (“NPRM”) that would impose new regulatory burdens on broadband Internet service providers’ use of customer data. The wide-ranging NPRM also proposes rules...more

What Net Neutrality Wrought: The FCC’s Proposed Broadband Privacy Rules

As previously promised in last year’s Open Internet Order, the Federal Communications Commission (FCC or the Commission) has released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposed privacy requirements for...more

Privacy & Cybersecurity Update - March 2016

In this edition of our Privacy & Cybersecurity Update, we examine the FCC's proposed privacy rules for broadband providers; new developments relating to the Privacy Shield, which was created to replace the U.S.-EU Safe Harbor...more

Alert: The FCC Proposes New Internet Privacy and Data Security Rules

At its March 31, 2016 open meeting, the FCC adopted a notice seeking comment on privacy rules for Internet service providers (ISPs). The rules would govern how ISPs can collect and use information about their customers'...more

FCC Votes 3-2 to Initiate Sweeping Broadband Privacy Rulemaking Proceeding

On March 31, 2016 at its Open Meeting, the Federal Communications Commission (FCC or Commission) voted along party lines (3-2) to launch a notice of proposed rulemaking (NPRM) to establish privacy rules for broadband Internet...more

FCC Proposes Broad Privacy Regulations for Broadband Providers

Last week, the FCC announced that Chairman Tom Wheeler had circulated a Notice of Proposed Rulemaking (NPRM) on implementing Section 222’s privacy obligations for broadband providers. Section 222’s requirements were...more

FCC unveils broadband privacy rules for Internet service providers

We have been waiting for—and the Federal Communications Commission (FCC) delivered—its long anticipated broadband data privacy and security rules on March 10, 2015. Through the proposed rules, the FCC has declared its...more

Internet Providers on Notice: Draft Privacy Regulations Coming Soon

This month, the Federal Communications Commission (FCC) will consider issuing a Notice of Proposed Rulemaking (NPRM) for privacy regulations that will apply to broadband providers.  The goals and objectives of the proposed...more

FCC Chairman Calls For New Consumer Privacy Regulations Of Internet Service Providers

On March 10, 2016, the Chairman of the Federal Communications Commission (“FCC”), Tom Wheeler, announced his proposal to empower consumers’ control over how their information is used by Internet Service Providers (“ISPs”). ...more

FCC Announces Broadband Privacy Proposal

FCC Chairman Tom Wheeler has announced that a proposed rulemaking is being circulated among the Commissioners that would establish privacy and data security requirements applicable to providers of broadband Internet access...more

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