Internet Service Providers (ISPs)

News & Analysis as of

U.S. Copyright Office Creates New Registration Process for DMCA Agents

Under the Digital Millennium Copyright Act (DMCA), website operators and other Internet Service Providers (collectively, ISPs) can obtain protection from liability for copyright infringement claims based on the material...more

Reminder: FCC Filings Due March 2017

Form 477: Local Competition and Broadband Report - The Local Competition and Broadband Report, containing data as of December 31, 2016, must be filed by Wednesday, March 1, 2017. The report requires the submission of...more

Open Internet: Dead or Alive?

John Pietila presented this webinar on the subject of Net Neutrality (Open Internet) to the Iowa Communications Alliance in February 2017. Please see full Presentation below for more information....more

Dentons' pick of global regulatory trends to watch in 2017 - Privacy and data protection

Focus on the US - The new Federal Communications Commission (FCC) privacy rules for internet service providers (ISP) and telecommunications companies (telcos) will face an uphill battle - In a controversial ruling...more

Intellectual Property Bulletin - Winter 2017

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in...more

EU Commission agrees new rules allowing Europeans to watch online content services across EU borders

On 7 February, negotiators for the European Parliament, Member States and the Commission agreed the proposal for a regulation on EU cross-border portability of online content services. This is the first agreement relating to...more

EU Advocate General in favour of finding copyright infringement by indexing site The Pirate Bay

The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that...more

FCC Begins Roll Back of Net Neutrality

Roughly two weeks since President Donald Trump’s inauguration, the new Chairman of the Federal Communications Commission, Ajit Pai, has taken steps providing further evidence that he plans to roll back FCC actions taken under...more

Second Circuit Clarifies “Repeat Infringer” Policy Requirement for DMCA Copyright Safe Harbors

Congress enacted the Digital Millennium Copyright Act (“DMCA”) nearly two decades ago seeking to balance the needs of two factions: Content creators, who were struggling to protect their intellectual property in the digital...more

Re-Register DMCA Agent by December 31, 2017, and Other New DMCA Registration Requirements

Section 512(c) of the Digital Millennium Copyright Act (the DMCA) provides online service providers with conditional safe harbors from liability for copyright infringement resulting from the actions of their users. In order...more

New Year’s Resolution – Be Compliant With the DMCA!

Copyright Office Issues New Rule – A Fresh Designation of Agent Submission is Required Before The End of 2017 to Be Compliant With The DMCA - The Digital Millennium Copyright Act (“DMCA”) provides safe harbors from...more

Chairman Pai Steps-It-Up on Broadband Deployment

Earlier this week, FCC Chairman Ajit Pai announced the formation of a new Broadband Advisory Committee, calling for nominations by February 15, 2017. The mission of the new FCC federal advisory committee is to make...more

FCC Chairman Pai Launches “Digital Empowerment Agenda” and Creates New Broadband Deployment Advisory Committee—Nominations Due...

In one of his first acts as FCC Chairman, Ajit Pai announced he was moving forward with his Digital Empowerment Agenda accompanied by the announcement this past Tuesday that the FCC is forming a new federal advisory...more

Second Circuit Denies En Banc Rehearing of Stored Communications Act Decision in Microsoft Case

Last summer, in a closely watched decision, the United States Court of Appeals for the Second Circuit quashed a warrant issued to Microsoft seeking a customer’s electronic communications that the company had elected to store...more

Insurance When the Internet Goes Down

Business interruption coverage is now a staple of many companies’ insurance programs. One of the “optional” first-party property coverages included in standard property policies, it is intended to compensate companies for...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

FCC Chairman Pai Announces Creation of a Broadband Deployment Advisory Council

Federal Communications Commission (FCC or Commission) Chairman Ajit Pai marked his first open meeting as Chairman by announcing a new Broadband Deployment Advisory Committee (Committee), which is intended to advise the FCC on...more

Many Discovery Tools Exist To Find Emails To Prove Shareholder Oppression

I have noted many times on this blog that emails often prove shareholder oppression cases. It can be fairly easy for majority shareholders who are careful, and seek legal advise beforehand, to mask their true intent when...more

Website Operators Must Comply with New DMCA Agent Registration Procedures or Risk Liability for Copyright Infringement

Initiation of copyright infringement claims on the internet is becoming more prevalent with the increasing sophistication of software that lets copyright owners scour the internet for infringements of images. If your website...more

Client Alert: Action Needed by Organizations whose Websites allow User Postings

Businesses and nonprofits that operate a website or other online presence (mobile app, blog, portal, game, etc.) where users may post content (for example, in a user forum) will need to take action in 2017 in order to obtain...more

For the Time Being, Tech Companies Remain Shielded from Liability for Users’ Uploaded Content

Thanks to recent decisions by the First and Second Circuit Courts of Appeals, tech companies will remain protected from liability for some of their users’ uploaded content under the Digital Millennium Copyright Act (DMCA) and...more

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. Please see full...more

New Year's Resolution for Website Operators: Register Your Copyright Agents Before December 31, 2017 to Avoid Liability for Users'...

The U.S. Copyright Office announced a new online system to designate copyright agents for online service providers under the Digital Millennium Copyright Act (DMCA). The online designation system replaces the former paper...more

US Trade Associations and ISPs Petition FCC to Reconsider New Privacy Rules

On January 3, several US trade associations and internet service providers (ISPs) submitted petitions requesting that the Federal Communications Commission (FCC) reconsider its broadband privacy rules mandating consumer...more

Internet Law in a Trump Presidency

In a Democracy, transitions in leadership happen more frequently than in any other form of government. And with those transitions, some previous policies and orders are preserved and some are reversed. This approach to...more

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