News & Analysis as of

Internet Service Providers (ISPs)

Blackburn Introduces Sweeping Internet Privacy Reform Legislation

by Kelley Drye & Warren LLP on

On May 19, 2017, House Communications and Technology Subcommittee Chairman Marsha Blackburn (R-TN) introduced the Balancing the Rights of Web Surfers Equally and Responsibility Act of 2017 (the Browser Act or the bill), which...more

Split FCC Proposes Rural “Rate Floor” Reform

by Kelley Drye & Warren LLP on

On May 18, 2017, at its May Open Meeting, the Federal Communications Commission (“FCC”) adopted a Notice of Proposed Rulemaking and Order on a two-one vote, seeking comment on whether it should reform the so-called rural...more

FCC Privacy Rules Repealed – Before Becoming Effective

by Locke Lord LLP on

On April 3, 2017, President Trump signed Senate Joint Resolution 34 (SJR 34), which effectively repealed not-yet-in-effect Federal Communications Commission regulations designed to limit use of customer information by...more

FCC Launches Proceeding to Rollback Net Neutrality

by Perkins Coie on

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

Divided FCC Begins Proceeding to Revise Internet Oversight Policy, Reverse Many “Open Internet Order” Decisions

by Kelley Drye & Warren LLP on

On May 18, 2017, at the Federal Communications Commission’s (“FCC” or “Commission”) May Open Meeting, the Commission adopted, on a two-one vote, a notice of proposed rulemaking (“NPRM”), titled “Restoring Internet Freedom,”...more

No Charges by ISP for Performing its Duties Under the Notice and Notice Regime

by Bennett Jones LLP on

Unlike many countries which provide an effective "notice and take down" remedy for copyright owners whose works are wrongly posted on Internet sites, Canada has implemented a "notice and notice" regime. In Voltage Pictures,...more

Senator To Propose ISP Consumer Privacy Bill

by King & Spalding on

On Friday, April 14, 2017, Senator Richard Blumenthal (D-Conn.) announced his plan to introduce a bill that would allow the Federal Trade Commission (“FTC”) to regulate consumer privacy protections regarding Internet service...more

Top 7 Reasons Why Websites Need a DMCA Agent

by Jaburg Wilk on

The Digital Millennium Copyright Act (DMCA) provides copyright protection and some limitations of liability for online copyright infringement if safe harbors are used. It governs the majority of US-based websites and...more

Without Volitional Conduct, Establishing Direct Copyright Infringement Gets Hairy

by McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit affirmed the district court’s grant of summary judgment, holding that “volitional conduct” is required to establish a claim for direct copyright infringement under the safe harbor...more

Draft “Internet Freedom NPRM” Released by FCC – More Net Neutrality Madness to Follow

by Davis Wright Tremaine LLP on

On April 27, 2017, FCC Chairman Ajit Pai released the draft text of a Notice of Proposed Rulemaking (the “Internet Freedom NPRM”) that would reverse the FCC’s 2015 Open Internet Order. The Open Internet Order, which has now...more

Repeal of FCC Privacy Rules Sparks Concern in U.S. and Europe

The Federal Communications Commission (FCC) privacy rules required providers such as Comcast Corp. and AT&T Inc. to get subscribers’ permission before collecting and sharing their personal data. On April 4, 2017, President...more

House Republicans Urge FCC To Protect Online Privacy

by King & Spalding on

In a letter to Federal Communications Commission (“FCC” or the “Agency”) Chairman Ajit Pai, 50 Republicans in the House of Representatives urged the FCC to rectify the 2015 Open Internet Order’s reclassification of broadband...more

Privacy and Security — How the 115th Congress’ Repeal of the FCC’s New Privacy Rules Has Made Your Data Less Private and Decreased...

by Sedgwick LLP on

Between news reports featuring Russian-gate scandals, Syrian missile attacks and challenges to North Korea, one important news item went oddly underreported. That is the story about a loss of our privacy and security by the...more

5th Circuit: ISP Not Liable for Infringement Due to Lack of Volitional Conduct, Despite Ineligibility for DMCA Safe Harbor

The Fifth Circuit Court of Appeals recently considered in BWP Media USA, Inc. v. T&S Software Associates, Inc. whether volitional conduct is required to establish a claim for direct copyright infringement against an Internet...more

FCC Launches Efforts to Foster Wireline Broadband Deployment

by Kelley Drye & Warren LLP on

On April 20, 2017, the Federal Communications Commission (“Commission” or “FCC”) initiated a new wireline infrastructure docket to “better enable broadband providers to build, maintain, and upgrade their networks” hoping to...more

Client Advisory: FCC Explores How to Speed Next Generation Wireline Broadband Deployment in New Proceeding

by Kelley Drye & Warren LLP on

On April 20, 2017, the Federal Communications Commission (“Commission” or “FCC”) initiated three interrelated proceedings in new WC Docket No. 17-84 that aim to “better enable broadband providers to build, maintain, and...more

Internet Privacy – ISP Snooping and U.S. Surveillance Laws

by Pierce Atwood LLP on

It’s hard to imagine a world in which the U.S. Postal Service is permitted to peer inside our personal mail, or gather and track the address and other data we place on our mail, and then use and sell what it learns about us....more

FCC Eases Restrictions on Broadband Deployment Support for Rate-of-Return Carriers; Faces Challenges to Connect America Fund...

by Kelley Drye & Warren LLP on

As part of its continued focus on accelerating broadband deployment, the Federal Communications Commission (FCC) eased restrictions on its universal service support for deployments by rate-of-return carriers in rural and...more

FY2018 Massachusetts Budget Update: The House Budget

On April 25, 2017, the Massachusetts House of Representatives passed a $40.829 billion FY2018 budget by vote of 159-1. Over two days of debate, the House considered 1,210 amendments to pass a final budget that spends...more

Trump Signs Repeal of FCC’s Internet Privacy Rule

by Balch & Bingham LLP on

On April 4, 2017, President Trump signed legislation repealing the Federal Communications Commission’s (FCC) privacy protections adopted in October 2016. The regulations, set to go into effect later this year, would have...more

Virtual Private Network (VPN) Providers: How Private Are They?

By Executive Order, the Trump Administration recently reversed an Obama Administration order aimed at protecting consumer’s personal information from use by their Internet Service Provider (ISP). ISPrior to the Trump’s EO,...more

FCC Releases Draft of “Internet Freedom” Item in Advance of May Open Meeting

by Kelley Drye & Warren LLP on

On April 27, 2017, the Federal Communications Commission (FCC or Commission) released the draft text of a notice of proposed rulemaking (NPRM) that would launch a new FCC proceeding (WC Docket No. 17-108) to roll back the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Wells Fargo’s Board Chair, Stephen Sanger, did survive his reelection vote the other day. Barely. But Breakingviews thinks he should think awfully hard about his future as a Director at the bank....more

Previewing the (Net Neutrality) Road Ahead: Chairman Pai Announces a Plan to Reverse the 2015 Open Internet Order

by Kelley Drye & Warren LLP on

On April 26, 2017, Ajit Pai, Chairman of the Federal Communications Commission (FCC or the Commission) announced his plans to launch a rulemaking proceeding reassessing the FCC’s Open Internet rules. During an event at...more

Internet Privacy – What the U.S. Can Learn from the European Union

by Pierce Atwood LLP on

With respect to Internet privacy, as a result of recent U.S. government action, Americans now have less protection and are more at risk of government surveillance and potential misuse of their personal information, as...more

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Cybersecurity

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