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Internet Service Providers (ISPs) First Amendment

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

Proskauer Rose LLP

Three Point Shot - Summer Edition 2021

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. ...more

Jones Day

The Road Ahead for Net Neutrality and the First Amendment

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The Situation: The Federal Communications Commission ("FCC") under President Biden is likely to revive Obama-era net neutrality rules repealed by President Trump's FCC. The Issue: Net neutrality raises First Amendment...more

Womble Bond Dickinson

Should CDA Section 230 Be Changed?

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In the current environment of reckoning for the societal power of Big Tech, one threat seems ever-present on the tongues of those who would cut these companies down to size. Enacting this threat is likely to have the opposite...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2020

In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more

Jones Day

Net Neutrality Proposals for Tech Platforms Raise First Amendment Concerns

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The Issue: Tech platforms face a hostile environment in Washington, with bipartisan consensus building behind proposals for additional regulation. The Situation: Regulating how tech companies transmit online content is the...more

Pierce Atwood LLP

Maine’s New Internet Privacy Law: What You Need to Know

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Last week, Maine enacted an internet privacy law requiring broadband internet service providers (ISPs) to obtain a customer’s express, affirmative consent before using their personal information, including browsing history....more

Jackson Walker

First Amendment Watchdogs Warily Regard Passage of FOSTA

Jackson Walker on

In March, the Senate almost unanimously passed the Allow States and Victims to Fight Online Sex Trafficking Act (“FOSTA”). On April 11, President Trump signed FOSTA into law. As the name implies, Congress’ goal is to give law...more

Searcy Denney Scarola Barnhart & Shipley

Repeal of Net Neutrality? Everyone loses except the powerful

Web Access Through Corporate Control - The barrage of backlash booming around the repeal of the net-neutrality law by the Federal Communications Commission is facing an all-fronts assault. The communications companies that...more

Searcy Denney Scarola Barnhart & Shipley

Small Business Attacked by FCC — Internet is in the hands of big business

FCC Kills Net Neutrality - Death threats. Protests. Rallies. Strong opinions roil around the controversial Federal Communications Commission vote to repeal the Obama administration’s net-neutrality law that protected a...more

Hogan Lovells

What blockchain can learn from the net neutrality debate: antitrust and regulatory aspects of “paid prioritization” for a nascent...

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First come, first served. That’s not the principle behind the clearance of Bitcoin transactions. Equally for other blockchain technology networks, the relevant factor to get a transaction on the next available block is not...more

Morrison & Foerster LLP

Microsoft Claims Victory in Challenge to DOJ’s Practice of Seeking “Gag Orders” under the Stored Communications Act

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Last week, the Department of Justice (DOJ) announced a new policy that significantly restricts its practice of seeking non-disclosure orders under the Stored Communication Act (SCA), 18 U.S.C. § 2705(b), in connection with...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - June 2017

Ninth Circuit: Website Moderators May Be Agents of ISPs - Why it matters: On April 7, 2017, the Ninth Circuit revived a copyright infringement case filed by a paparazzi group against social media platform LiveJournal that...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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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 the...more

Butler Snow LLP

Facebook Fake News Problem May Impact Businesses Operating Open Web Sites

Butler Snow LLP on

Recent criticisms lobbed at Facebook for fake news stories on its platform that allegedly tipped the election in Donald Trump’s favor may spell trouble for businesses operating open websites where users can post content. ...more

Davis Wright Tremaine LLP

FCC Broadband Privacy Part I: The FCC’s Ascension as a Privacy Regulator

Tomorrow, October 27, the Federal Communications Commission (FCC) is scheduled to vote on new privacy rules for internet service providers (ISP) that will have a lasting impact on U.S. privacy regulation. In this special...more

Dorsey & Whitney LLP

A Close to Open Internet Challenges?

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In a major victory for the Federal Communications Commission (“FCC” or “Commission”) a three-judge panel of the United States Court of Appeals for the District of Columbia (“DC Circuit”) upheld the Commission’s 2015 Open...more

Davis Wright Tremaine LLP

Divided D.C. Circuit Panel Upholds FCC Net Neutrality Rules

On June 14, 2016, the D.C. Circuit upheld the FCC’s 2015 order adopting its Open Internet rules against a wide range of legal challenges. (Our advisory describing the FCC’s rules can be found here.) In a detailed and lengthy...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Third Time’s the Charm: Court Upholds FCC Net Neutrality Regulations"

Yesterday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in a lengthy 2-1 decision denied various challenges to the Federal Communications Commission’s (FCC or Commission) 2015 Open Internet...more

Davis Wright Tremaine LLP

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

BakerHostetler

Yelp Denied Attempt to Keep Its Online Reviewers’ Identities Anonymous

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In 2012, a local rug cleaning company in Virginia, Hadeed Oriental Rug Cleaning (“Hadeed”), filed a defamation action against the authors of seven critical reviews it received on Yelp, indicating that the reviews falsely...more

Foley Hoag LLP - Trademark, Copyright &...

Setting the Record Straight on the DMCA: UK Blogger Censored by Questionable Use of US Copyright Law

The Digital Millennium Copyright Act (DMCA) is sometimes criticized for creating more problems than it solves. Section 512 of the DMCA provides a mechanism for copyright owners to demand that Internet Service Providers...more

Davis Wright Tremaine LLP

California District Court Finds National Security Letter Statute Unconstitutional

Last week, in In re National Security Letter, the United States District Court for the Northern District of California found unconstitutional two sections of the federal law allowing the FBI to issue “National Security...more

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