Internet Service Providers

News & Analysis as of

No Slow Lanes, No Fast Lanes: FCC Adopts New Regulations Treating Internet as a Public Utility

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

FCC Adopts Open Internet (Net Neutrality) Rules

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

Net Neutrality/Open Internet Order

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

Illinois Supreme Court Debates Anonymity of Internet Poster

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

FCC Should Use Scalpel, Not Ax to Preempt State Laws Limiting Muni-Broadband

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

Video Clip: Family Fights to Access Late Son’s Digital Data

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

The Fight for Net Neutrality Is Still Alive

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

California’s “Online Eraser” Law for Minors to Take Effect Jan. 1, 2015

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 Earns Verizon End to FTC’s FiOS Router Investigation

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

Counterfeit Goods: Has the War on ISPs Just Gotten Tougher?

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

China’s Supreme People’s Court Releases its First Decision Under China's Antimonopoly Law

Case sets precedent for antitrust disputes in China, particularly on how to define the relevant market, and assess market dominance and abusive conduct. Introduction – On 16 October 2014, China’s highest court...more

Using Information from Data Brokers? Beware the FCRA and the FTC …

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

UK Government Consults on Mandatory Supply of IT Services to Insolvent Customers

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

FCC Initiates Rural Broadband Experiments Program: $100 Million to be Disbursed to Winning Bidders

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

The Shortened Shanghai Free Trade Zone Negative List: One Small Step for Reform…

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

Broadband Providers Must Guard Against Subsidized Overbuilds as FCC Readies $9 Billion to Deploy Broadband to “Unserved” Areas

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

“Oh right. . . THAT thing!” Designated Agent Required Prior To DMCA Copyright Infringement Safe Harbor

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

Authentication of Social Media Evidence: Best Practices

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

Frequently Asked Questions About Net Neutrality

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

Court Holds That DMCA Safe Harbors Do Not Extend to Infringement Prior to Designation of Agent

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

When It Comes to Net Neutrality, No One’s Neutral

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

Germany’s Magic Portal

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

FCC Proposed Revised Net Neutrality Rules

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

Socially Aware - Volume 5, Issue 3 - May 2014

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 - The...more

"SEC Issues New Guidance for Investment Advisers Regarding Use of Social Media Testimonials"

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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