The United States Federal Communications Commission Federal Trade Commission

The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international... more +
The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international communications by radio, wire, satellite, and cable. less -
News & Analysis as of

Congress, FCC Weigh Measures to Repeal ISP Privacy Rules

Last October, the Federal Communications Commission (FCC) approved new privacy rules governing how Internet Service Providers (ISPs) are permitted to use and share its customers’ personal information. The rules have been...more

Court Rules in FTC’s Favor on “Common Carrier” Status in Cramming Case

On an issue that takes on new-found importance after FTC v. AT&T Mobility, a federal court in Montana granted summary judgment in favor of the Federal Trade Commission (FTC) in a case alleging that the defendants violated the...more

FCC Votes To Block Its Own Privacy Rule

New Federal Communications Commission (“FCC”) Chairman Ajit Pai signaled last week that he is planning to take the first step to return authority over broadband providers’ privacy and data security practices to the Federal...more

"Privacy & Cybersecurity Update - February 2017"

In this edition of our Privacy & Cybersecurity Update, we look at a series of recent court rulings regarding standing in privacy cases, most of which suggest plaintiffs will continue to have a difficult time establishing...more

FCC Stay of Broadband Privacy Rules Foreshadows Deregulatory Measures

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

New FCC Stays ISP Data Security Rules from Wheeler Era

On Wednesday, the Chairman Pai-led FCC adopted an Order granting a stay of the data security rules that were adopted as part of the Commission’s 2016 Privacy Order spearheaded by former FCC Chairman Wheeler. The stay will...more

FCC Broadband Privacy Rule On Hold, Likely Dead

The new Federal Communications Commission (FCC) Privacy and Data Security Rule for broadband internet access service (BIAS) providers (Privacy Rule) was set to start phased implementation on March 2, 2017. We have previously...more

New FCC Chairman Moves to Roll Back Privacy Rules for Internet Service Providers

Ever since the presidential election and the replacement of former Obama administration FCC Chairman Tom Wheeler with former Republican commissioner and now Chairman Ajit Pai, communications industry and privacy policy...more

Advertising Law - February 2017 #3

NAD Inquiry Results in Modified Celebrity Endorsements - As a result of an inquiry by the National Advertising Division, celebrity endorsements of FitTea were revised to better disclose material connections. The...more

Ajit Pai and the FCC’s Role in ISP Privacy Regulation under President Trump

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

Ohlhausen’s Appointment as Acting Chair of FTC Signals Potential Change in Antitrust Approach

President Donald Trump last week designated Maureen K. Ohlhausen as acting chair of the U.S. Federal Trade Commission (“FTC”). Ohlhausen is a vocal critic of government involvement in the market, suggesting the FTC under her...more

Advertising Law - January 2017

SPECIAL FOCUS: Memories Light the Corners of Regulators' Minds - The Federal Trade Commission and the Attorney General for the State of New York (NY AG) recently filed a joint lawsuit against Wisconsin based Quincy...more

Connected Cars: Navigating Top Trends in 2017

Yesterday, the Automotive Industry Team of Foley & Larnder LLP (yes, us), hosted its annual event at the North American International Auto Show in Detroit, MI. Eschewing narrow or small topics, we charged into 2017 by trying...more

Guidelines for De-Identification, Anonymization, and Pseudonymization

De-identification of data refers to the process used to prevent personal identifiers from being connected with information. The FTC indicated in its 2012 report Protecting Consumer Privacy in an Era of Rapid Change:...more

Webinar Recording: FCC’s New Privacy Rules (Part 2)

The FCC adopted new privacy and security rules for telecommunications carriers—including ISPs—on October 27. In this second of two webinars in DWT’s series examining the rules, DWT experts analyzed the core Notice and Choice...more

President Trump and Open Internet

In President Trump’s America, is it the end of net neutrality? Forbes interviewed telecomm professionals to discuss outlook for the industry. Pre-election, there was virtually zero discussion of tech and telecom issues...more

Data Security and Breach Notification Requirements of New FCC Privacy Order May Present Immediate Implementation Challenges for...

As ISPs continue to absorb the scope of the FCC’s recent Privacy Order (the “Order”), one immediate question presents itself: what steps must ISPs take to begin implementing the data security and breach notification...more

Advertising Law - November 2016 #3

Will Green Guides Address Organic? FTC/USDA Roundtable Report - On October 20, 2016, the Federal Trade Commission and the U.S. Department of Agriculture co-hosted a roundtable discussion in Washington, D.C., entitled...more

Global Privacy and Data Protection Roundup: Fall 2016

Privacy and data protection continues to be an international patchwork of laws impacting how personal data is collected, secured, used and shared across borders, and how we contend with the misuse of information technology. ...more

"Looking Ahead: The U.S. Legal and Regulatory Environment Under a Trump Administration"

Election Day brought an end to a long period of uncertainty that caused market fluctuations and delayed business planning decisions. As we navigate the post-election landscape, many questions remain regarding the potential...more

Post-Election Outlook: A New, Unpredictable World

In a shock to investors and political analysts around the world, Donald J. Trump won the 2016 Presidential election, putting the Republican Party in charge of the White House and Congress for the first time in a decade. Even...more

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

Six Proposals to Stop IoT-Based DDoS Attacks

On Oct. 21, 2016, an extremely large distributed denial-of-service (DDoS) attack on Dyn prevented many internet users on the East Coast of the U.S. from accessing websites such as Netflix, PayPal, Spotify and Twitter for...more

FCC Releases Broadband Privacy Order with Major Implications for All Telecommunications Carriers

On October 27, 2016, the Federal Communications Commission (FCC or Commission) in a party-line (3-2) vote adopted a Report and Order (the Broadband Privacy Order or Order) that imposes a comprehensive set of privacy and data...more

New FCC Privacy Rules for Broadband and Voice Providers

In an order issued November 2, 2016, the Federal Communications Commission for the first time imposed privacy requirements on providers of broadband internet access services (“BIAS”). The much-anticipated order was an...more

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Cybersecurity

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