Internet

News & Analysis as of

The Bermuda Triangle of Online Defamation: Copyright, Clickwrap and the CDA

We have written many times about attempts to use copyright law to do what defamation law can’t: take stuff down from the internet. Because Section 230 of the Communications Decency Act (“CDA”) prevents a defamation plaintiff...more

FCC Likely to Launch New Rulemaking Proceeding to Further Reform Lifeline Program

The FCC is gearing up to launch a new rulemaking proceeding to once again overhaul the Lifeline program. The last major reform of the program was in 2012, and this new rulemaking would likely continue the work of some of the...more

Zero rating and Internet.org

I have written about the perverse effects of “strong” net neutrality already  but a recent story  prompts me to add a few further thoughts. Internet.org is a project lead by Facebook to offer a completely free sub-set of the...more

HUB FOCUS: Recent TV trends in China

As part of our “HUB FOCUS” series, we provide an extract, focusing on recent trends in the broadcast media industry in China: “Internet has significantly changed the landscape of the TV industry in China. Currently, the...more

Blogging with Intent: Personal Jurisdiction and Defamation in the Internet Age

A California court of appeal recently decided that posting allegedly defamatory statements from Illinois on the Internet about a person living in California, without more, did not create “minimum contacts” for purposes of...more

Sports, Media and Entertainment Intelligence - April 2015 (Global)

FILM AND TV - Australia: ACMA's broad powers to hold media accountable confirmed by High Court - The High Court has confirmed that the Australian Communications and Media Authority (ACMA) has the power to declare that a...more

New FCC Rules on CPNI Will Impact ISP’s and Businesses Who Rely on Internet Tracking Data

By now, most people know that in its recent Open Internet Order adopted on February 26, 2015, the FCC reclassified internet access services as common carrier “telecommunications services” subject to FCC jurisdiction under the...more

The CJEU tells us “More” on live broadcasting

An interesting ruling on live streaming of sports events has been issued by the Court of Justice of the EU (CJEU) in the C More Entertainment AB v Linus Sandberg case on 26 March 2015 (C-279/13). ...more

Global Trademark Protection — 5 Practical Considerations

When Tim Berners-Lee developed the World Wide Web in 1990 as a tool to share information among specialized researchers, he likely did not anticipate the degree to which his invention would radically change — in just a few...more

ITV & Others v TVCatchUp: In the latest instalment in this long running dispute, the UK courts have again referred this case to...

TVC operates an internet-based live stream service, carrying a number of broadcasters’ channels. ITV, Channel 4 and Channel 5 issued proceedings against TVC in relation to the unauthorised transmission of both their public...more

Middle East – Telecoms Tegulatory Round-Up

Eamon Holley of DLA Piper briefly reviews some key developments in four Gulf telecoms markets during 2014 and looks to what might lie ahead in 2015. Bahrain - Bahrain’s TRA has a reputation for being a dynamic and...more

China Update - March 2015

In This Issue: - Quote of the Week - U.S.-China Relations - Trade - Excerpt from U.S.-CHINA RELATIONS: Presidential Advisor Susan Rice Meets with Senior Chinese Official - On February 25, China’s...more

US giants in trouble with new EU privacy rules

The European Council approved the “one-stop-shop” privacy rule which might cause relevant issues to companies operating in different EU countries, including large American Internet and technology companies, where separate...more

FCC Shifts Net Neutrality into High Gear

On March 12, 2015, the FCC published its long-anticipated Net Neutrality order. The Final Rules stem from the question asked by the FCC in its May Notice of Proposed Rulemaking: “What is the right public policy to ensure that...more

International IT Companies Face Continuing Headwinds in China

Our September 16, 2014 client alert, “Brave New World? Recent Challenges Facing Foreign IT Companies in China,” discussed efforts by the Chinese government to enforce heightened network security standards, with a particular...more

THE NETHERLANDS: New Cookie Legislation Entered Into Effect

Yesterday, the amendments to the current Dutch cookies regulation in Article 11.7a Telecommunications Act (TA) entered into force. In short, amendments provide for...more

Impact of Reclassification on Pole Attachments

The Order recognizes that the deployment of communications networks and broadband infrastructure depends heavily on access to utility poles on reasonable rates, terms and conditions. Accordingly, the Order declined to...more

FCC Releases Open Internet Order

On March 12, 2015, the Federal Communications Commission (FCC or “Commission”) released the full text of its Open Internet Order (“Order”). The rules adopted in the Order will become effective 60 days after publication in the...more

Special Legal Challenges in Reclassifying Wireless Broadband As a “Telecommunications Service”

As noted in the main text, the Order’s analysis of wireless broadband proceeds in two steps. First, as noted there, the Order reviews the technical and market characteristics of broadband Internet access service (BIAS) in...more

Potential Impact of Reclassification on State and Local Tax Obligations

The Order tries to minimize the potential that state or local taxes on broadband Internet access service (BIAS) will increase as a result of reclassifying BIAS as a telecommunications service. BIAS providers, however, have...more

Landmark UK Judgment Against Author of False Online Review

When Google users searched for The Bussey Law Firm, P.C., they would not be able to miss a scathing review calling Mr. Bussey a “scumbag” who “loses 80% of his cases.” Discovery revealed the disgruntled “client” to be a...more

State Regulation of Broadband

The Order attempts to minimize the possibility of state regulation of broadband Internet access service (BIAS), leaving only the most limited role for the states. The Order reaffirms that BIAS is an interstate service for...more

Internet Neutrality and WTO Rules

On February 27, 2015, the U.S. Federal Communications Commission (FCC) adopted new rules regarding the provision of access to the internet, commonly known as “net neutrality” rules. The main effect of these changes, which...more

Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping

Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of...more

Alert: No Big Surprises: The FCC Releases its Network Neutrality Order

Today, the FCC released its 400-page report (including 80 pages of dissents from the two Republican commissioners) in the network neutrality proceeding. Despite speculation that some of the rules might not have been revealed...more

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