Internet Service Providers (ISPs)

News & Analysis as of

Sixty Civil Liberties Groups Petition FCC For Broadband Privacy Rules

A group of sixty prominent civil liberties organizations sent a joint letter to the Federal Communications Commission (“FCC”) on January 20, urging Chairman Tom Wheeler to propose new privacy rules governing broadband...more

Balancing Copyright Owners' Rights With ISP Immunities

When an online user violates copyright law, the copyright owner will frequently turn to the user's internet service provider (ISP) for relief. The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that...more

Online Infringement and Norwich Orders: an update

This is a case that became something of a lightning rod in the storm of subscriber privacy rights vs. copyright. As we wrote in our earlier post, a copyright owner can only enforce its rights against online infringement if it...more

ISPs on ALERT: Failing to Terminate Repeat Infringers Can Be Costly

A recent court order from the United States District Court for the Eastern District of Virginia—and a resulting jury verdict – may be instructive to internet service providers (“ISPs”) when it comes to their “repeat...more

Federal Court Rules Internet Provider Should Not Recover Costs of Informing Clients of Motion for Customer Information

In Voltage Pictures LLC v. John Doe, the Federal Court ruled that TekSavvy Solutions Inc. (TekSavvy), a non-party Internet service provider, could not recover costs related to its decision to inform 200,000 of its customers...more

China Passes (De) Encryption Cyber Law

On December 27, 2015, the Standing Committee of the National People's Congress, China's national legislative body, passed the Counter-Terrorism Law of China, which entered into force on January 1, 2016. Although the law's...more

China’s Anti-Terrorism Law – what it means for telecommunications and Internet service providers

The State Council of China has published the Anti-Terrorism Law of the People's Republic of China, drafted to combat the threat of terrorism. The initial draft was circulated for comments in late 2014. Following...more

Legal Trends: Intellectual Property

The previous federal government committed Canada to sweeping changes to the legislation and regulations governing virtually every category of intellectual property in the country. Some of these changes have largely already...more

China’s Anti-Terrorism Law Released, Impacting Telecom and Online Business in China

Amid controversies, the Anti-Terrorism Law of the People’s Republic of China (“Anti-Terrorism Law”) was promulgated by the Standing Committee of the National People’s Congress of China (“SCNPC”) on Dec. 27, 2015, and will...more

Greater liability for ISP’s

In a sure-to-be-appealed verdict last week, a federal court jury in the Eastern District of Virginia found Cox Communications liable to pay $25 million to music publisher BMG Rights Management for contributory copyright...more

FCC Extends Exemption from Enhanced Disclosure Rules for Small Providers

On Wednesday, the FCC’s Consumer and Governmental Affairs Bureau extended the ongoing exemption from applying the enhanced transparency requirements of the 2015 Open Internet Order to small providers. As a result, small...more

Alert: FCC Extends Exemption for Open Internet Transparency Rules for Small ISPs

In an order released late on December 15, the FCC extended the temporary exemption for smaller Internet service providers ("ISPs") from the "enhanced transparency" provisions of its March 2015 Open Internet Order through...more

Equal online access for all? Net neutrality enshrined in the EU

The European Parliament recently adopted a new regulation on mobile roaming and the open internet (the Regulation) which comes into effect on 30 April 2016. The Regulation brings into effect two important changes. Firstly,...more

Five Things to Know About Net Neutrality

Last week, the Federal Communications Commission (FCC) defended its most recent iteration of net neutrality regulations against a challenge by the telecom, cable, and wireless industry and trade associations. Two prior...more

States Have Jurisdiction Over ISP-Bound Traffic Says 3rd Circuit

On November 25, the Third Circuit held that states have jurisdiction over Internet Service Provider (ISP) bound traffic exchanged between two competing local exchange carriers (CLECs). In 2008, Core billed AT&T for...more

Landmark Decision of German Federal Court of Justice on Blocking of Copyright-infringing Websites

On 26 November 2015, the German Federal Court of Justice ruled that Internet access providers (IAP) can be liable for copyright infringements on third parties’ websites and can thus be ordered to block access to such...more

SEC Enforcement Director Tells House Judiciary Committee That Investigation Agencies Should Not Need Warrants to Access to Email...

On Tuesday, Andrew Ceresney, Director of the Securities and Exchange Commission’s Division of Enforcement, told the House Judiciary Committee that the Email Privacy Act (H.R. 699) and the Electronic Communications Privacy...more

UK Investigatory Powers Bill: Big Brother 2.0?

On 4 November an Investigatory Powers Bill (‘Bill’) which could overhaul internet surveillance in the UK was introduced to the House of Commons....more

ISPs That Ignore Notices From “Copyright Trolls” Risk Losing DMCA Safe Harbor Protections

Representing copyright owners attempting to enforce online infringement is often routine, but can sometimes prove challenging. This tends to be the case when a content owner is trying to address large scale infringement of...more

Establishing the Boundaries of the OCILLA Safe Harbor

As user-generated content explodes over the Internet, intellectual property disputes over posting or uploading such content without the owner’s consent continue to escalate. As we touched on in a recent post, social media...more

Stretched Past Its Limits: Have The Courts Extended Immunity From Online Tort Liability Too Far?

I have practiced entertainment and technology law for over 30 years. More than any other area of the law, the developments and enhancements in technology have outpaced the law’s ability to take those developments and...more

Judge Halts Pornographer’s Subpoenas Against Potential Infringers Identified Through IP Addresses

Online content providers continue to struggle with the challenge of copyright infringement by BitTorrent users. One of the most aggressive tacks is the one taken by Malibu Media, which, after instituting over 4,500 lawsuits...more

Liability of Online Intermediaries: Consultation Now Open

Earlier this year we outlined the proposals made by the European Commission regarding online intermediaries and their role in tackling illegal content on the internet. If the Commission implements its proposals, this might...more

Access to Point of Presence Not Subject to Sales Tax: Pennsylvania Commonwealth Court

In a unanimous decision, the Pennsylvania Commonwealth Court held that Level 3’s wholesale Internet access services were not subject to Pennsylvania sales and use tax. Reed Smith state tax lawyers argued the case for Level 3....more

California Joins Other States with the Passage of CalECPA

Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several states—Maine and Texas in 2013, Utah in 2014 and...more

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