Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
Should your Internet service provider be regulated in the same manner as your telephone service provider? Despite how quaint this question might sound now that many consumers bundle their ISP, telephone and television service...more
The order classifies broadband Internet access as a telecommunications service.
The Federal Communications Commission (FCC or Commission) today voted, by a 3-2 margin, to adopt rules designed to promote an open Internet...more
At its open meeting today, Feb. 26, the Federal Communications Commission (FCC) voted 3-2 along party lines to adopt an order on net neutrality, or open Internet. The text of the order is not yet released but, based upon...more
In the closing days of its January term, the Illinois Supreme Court heard oral argument in Hadley v. Subscriber Doe. Hadley poses the question of whether the defendant is entitled to quash the plaintiff’s subpoena seeking to...more
On Feb. 26, the FCC plans to act to preempt state laws that retard development of municipally owned broadband networks. The breadth of the potential preemption is unclear. The decision will occur at the same meeting at which...more
Minnesota’s KSTP-TV Eyewitness News ran a video story on January 20, 2015, by Tom Hauser about the Anderson family who tragically lost their nineteen-year-old son, Jake. Their son’s death was ruled accidental, but the family...more
This past Monday, November 10, 2014, President Obama urged the Federal Communications Commission (“FCC”) in a written statement to “reclassify consumer broadband service under Title II of the Telecommunications Act — while at...more
On Jan. 1, 2015, California’s “Online Eraser” law will take effect, requiring websites and other online service operators to delete on demand any content posted by minors. The law also prohibits such operators from sharing...more
Corrective action taken by Verizon Communications to fix security issues with its FiOS and DSL routers resulted in the FTC closing its investigation to determine whether Verizon’s distribution of the routers was an unfair or...more
The pressure on ISPs to take responsibility for the sites accessible through their services has been growing in recent years (e.g., the requirement for certain ISPs to block filesharing sites). On October 17, 2014, the High...more
Case sets precedent for antitrust disputes in China, particularly on how to define the relevant market, and assess market dominance and abusive conduct.
On 16 October 2014, China’s highest court...more
As sellers and Internet service providers gather increasing amounts of consumer information, the data broker industry has expanded. Identifying themselves as "market research" firms, data brokers buy, analyze, sort,...more
The UK Government has released a long awaited consultation document proposing new controls on IT suppliers’ dealings with customers facing insolvency.
To a degree this brings the termination provisions of the UK’s...more
On July 14, 2014, the Federal Communications Commission (“FCC”) released its latest Connect America Fund Order, which sets forth the parameters of its planned “rural broadband experiments” program. As detailed below, the...more
Amidst high hopes in the foreign investment community for a streamlined framework regulating inbound investment to the PRC, China’s State Council launched the China (Shanghai) Pilot Free Trade Zone (the “SFTZ” or “Zone”) in...more
Phase II of the FCC’s Connect America Fund (“CAF”) program will disburse up to $9 billion in support (i.e., subsidies) over the next five years to price cap incumbent local exchange carriers (“ILECs”). This support will be...more
The recent case of Oppenheimer v. Allvoices is, if nothing else, a cautionary tale for everyone who wants to start the next big social networking site or provide any internet service with user-generated content. The moral is...more
While the need to authenticate evidence is not new, the types of evidence that trial lawyers need to authenticate is. Social media evidence is one example. While not the type of evidence most practitioners are accustomed...more
Net neutrality has been a contentious policy issue for many years. Like many such issues, it is subject to political spin, conflicting academic analyses, and industry and consumer group advocacy. As a result, much of the...more
The safe harbor provisions in § 512(c) of the Digital Millennium Copyright Act (DMCA) provide a mechanism that insulates online service providers from monetary damages for infringing materials posted or stored by their users....more
Earlier this month, the Federal Communications Commission voted to open for public debate new rules designed to guarantee an open internet. The FCC’s Democratic chairman boldly proclaimed: “This agency supports an Open...more
Representing about 40 million TV households, Germans now receive virtually all on-demand content by Blu-ray Disc or DVD. Video-on-demand services are set to change that over the next three to five years, says Christoph...more
On May 16, 2014, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM)1 proposing revised “Open Internet” (or “net neutrality”) rules, in response to the January 2014 D.C. Circuit...more
In This Issue:
- Jerked Around? Did the FTC’s “Jerk.com” Complaint Just Turn API Terms Into Federal Law?
- Which Way Is Aereo Pointing? The Supreme Court Hears Arguments in Public Performance Copyright Case
On March 31, 2014, the Division of Investment Management (the “Division”) of the Securities and Exchange Commission (the “SEC”) issued long-awaited guidance regarding investment advisers’ use of public commentaries on social...more
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