Internet Service Providers (ISPs)

News & Analysis as of

IP addresses may be subject to EU data protection laws

In an ongoing case before the Court of Justice of the European Union ("CJEU"), the Advocate General has issued his Opinion stating that, under certain circumstances, dynamic IP addresses can be "personal data". Businesses...more

FCC Proposes Formal Privacy Regulations for Broadband ISPs

On March 31, 2016, a 3-2 majority of the U.S. Federal Communications Commission ("FCC") approved a Notice of Proposed Rulemaking ("NPRM") to establish a set of regulations governing the data collection, use, and sharing...more

Senate Judiciary Committee Holds Hearing to Discuss FCC’s Proposed Privacy Rules

On May 11, the Subcommittee on Privacy, Technology and the Law of the Senate Judiciary Committee held a hearing titled “Examining the Proposed FCC Privacy Rules.” Present at the hearing were witnesses FCC Chairman Thomas...more

Digital Single Market update – revised cross-border portability of online content services proposal leaked

In December 2015 we published a briefing on the European Commission's proposal and draft Regulation on ensuring the cross-border portability of online content services in the EU. By way of reminder, the Regulation seeks to...more

New Florida Law Facilitates Access to and Management of a Person's "Digital Estate" After Death

A new Florida law facilitates access to and succession of a person's "digital assets" (that is, electronic records that may include photos stored on online servers, email and online bank accounts) through appointed...more

Tenth Circuit Affirms Lower Court Ruling on Meaning of “User” in DMCA §512(c) Safe Harbor

Title II of the Digital Millennium Copyright Act (DMCA) offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. To benefit from the Section 512(c) safe harbor, a...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

FCC Adopts Framework for Broad New Regulations of Newly Christened “Business Data Services” f/k/a Special Access Services

FCC Chairman Wheeler’s plan to extend a new rate regulation regime to so-called business data services (which provide point-to-point transmission of data at guaranteed speeds and service levels), formerly known as “special...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

Lessons from eMerge: The Communication Decency Act, A Tool Against Cyberbullying

The 3rd annual eMerge conference hosted a list of speakers as diverse as Miami. Among them, Colin Powell, Tony Hawk, Pitbull, and Monica Lewinsky. Just last year, Ms. Lewinsky broke her public silence when she gave a...more

Estate Planning, Wills and Trusts: Importance of Considering the Internet and “Digital Assets” in Estate Planning

“Forgot your ID or password?” Everyone using the Internet has probably been asked and answered “Yes” to this question. That usually means having to take the time to answer more questions or search for...more

House Sends Email Privacy Act Amendments to Senate

On April 29, 2016, in a 419-0 vote, the U.S. House of Representatives passed a bill to amend the 30-year-old Electronic Communications Privacy Act of 1986 (ECPA) to eliminate an exception to the government warrant requirement...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – May 2016

Special Focus on “Safe Harbor 2.0,” Privacy Shield and E.U. Data Transfers: Alston & Bird’s privacy team has been closely following the development of Privacy Shield, the proposed successor to the E.U.-U.S. Safe Harbor...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 Proposed Privacy Regulations: What They Mean for ISPs and Those That Do Business with Them

The Federal Communications Commission (“FCC”) recently issued a proposed set of privacy regulations that, if passed, will have broad implications for broadband providers, as well as for the companies that collect or receive...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

Coalition of Ad Industry Orgs Asks for More Time to Review FCC Privacy Proposal

The Federal Communications Commission’s (FCC’s) privacy proposal targeting internet service providers is continuing to draw a strong response from the advertising industry. Recently, the FCC voted 3-2 to move forward with...more

Top Takeaways from IAPP

The world of privacy grows every day as more data goes through the cloud. The new trends and weekly data breaches make conferences like the Global Privacy Summit all the more relevant. Earlier this month we went to...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

Partisan Gridlock on Open Internet Rules Likely to Continue Until Court Ruling

Uncertainty over whether the U.S. Court of Appeals for the District of Columbia Circuit will overturn the FCC’s Open Internet rules appears to be a major roadblock to any bipartisan resolution of the issue in Congress. James...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 Reveals Consumer Broadband Labels; CFPB Director Cordray Weighs In

On April 4, the FCC released new broadband disclosure labels for Internet services. According to the FCC, consumers submit more than 2,000 complaints annually related to surprise fees associated with consumers’ Internet...more

Alert: The FCC's Internet Privacy Proposal Raises Key Issues for Online Advertising

The Federal Communications Commission plans to protect consumer privacy on the Internet by regulating Internet service providers. But the proposals, if adopted, could disrupt the Internet advertising industry. In a 147-page...more

FCC Proposes Bothersome Breach Definition in Privacy NPRM

On April 1, 2016 the Federal Communications Commission (“FCC”) released its Notice of Proposed Rulemaking (“NPRM”) concerning privacy regulation of internet broadband service providers (“ISPs”). The NPRM proposes, among other...more

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