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EU High Court Overturns Telecom Data Retention Requirements

The Court of Justice of the European Union, the highest court in the EU, declared the EU’s 2006 Data Retention Directive invalid in a judgment issued on April 8, 2014. The directive, which has been implemented via national...more

Net Neutrality in the EU – latest status

The European Parliament has (on 3rd April) voted (at first reading) on a legislative proposal which includes new rules on “net neutrality”. The text of this is not yet available in English but this note is based on our own...more

FCC Makes Estimated $50 to $100 Million Available to Competitors Deploying Broadband in Rural Areas for the First Time

Competitive providers deploying broadband networks in rural areas will now be eligible to obtain direct subsidy support from the Federal Communications Commission (FCC) through an experimental program under the Connect...more

FCC I/S/O Providers to Experiment with Rural Broadband Deployments Under Connect America Fund Phase II

As we recently reported, the Federal Communications Commission’s (FCC) “IP Transition Order” includes an experiment designed to test the feasibility of directing Connect America Fund (CAF) subsidies to competitive providers...more

Yelp Denied Attempt to Keep Its Online Reviewers’ Identities Anonymous

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

5 Ways the FCC Could Respond to Invalidation of Its 'Net Neutrality' Rules

After the Net Neutrality decision, the FCC has a number of options, all of which could have an important impact on providers and users alike....more

D.C. Circuit Largely Invalidates Net Neutrality Rules: Analysis and Prospects

On Jan. 14, 2014, a D.C. Circuit panel struck down the portions of the FCC’s 2010 “Open Internet” (or “net neutrality”) rules that had banned blocking or discriminatory treatment of web sites or other online applications by...more

Appeals Court Strikes Down FCC's Net Neutrality Rules

On January 14, 2014, the U.S. Court of Appeals for the District of Columbia Circuit issued a long-awaited decision on the Federal Communications Commission's Open Internet Order. That Order required broadband Internet...more

Verizon v. FCC: What Happened, Why It’s Important, and What Comes Next

In Verizon v. FCC, a three-judge panel of the U.S. Court of Appeals for the District of Columbia overturned the Federal Communications Commission’s (“Commission” or “FCC”) anti-discrimination and anti-blocking provisions of...more

"Verizon v. FCC: D.C. Circuit Overturns FCC Network Neutrality Regulations"

On Tuesday, the United States Court of Appeals for the District of Columbia Circuit vacated and remanded the operative portions of the Federal Communications Commission’s (FCC or Commission) network neutrality regulations....more

Fight against Cyber bullying more successful after self-regulatory code?

Cyber bullying might be better prevented as a consequence of the self-regulatory code whose draft version is now subject to a consultation run by the Italian Ministry of the Economic Development....more

Hosting Providers Have Two Options For Customer-Supplied Licenses

Scott & Scott, LLP attorney, Christopher Barnett, suggests that hosting providers be aware of Microsoft's licensing rules regarding deployment on the service provider's servers. Failure to do so can result in severe...more

Europe: Mosley v Google – game, set but not match yet.

On November 6, a Paris Court ordered Google to filter out hyperlinks to images of former F1 boss Max Mosley in an allegedly Nazi-themed sadomasochistic orgy. (TGI Paris, 17e ch., 6 novembre 2013, RG 11/07970, Max Mosley c....more

Imagine There’s No Safe Harbor: Does the DMCA Apply to pre-1972 Sound Recordings?

Vimeo, the online video service, is seeking leave to appeal to the Second Circuit on the issue of whether sound recordings made prior to 1972 are covered by the safe harbor provisions of the Digital Millennium Copyright Act...more

The FCC Defends an “Open Internet”

Much of the glamour of technology today rests on the amazing things one can do on the Internet. The Federal Communications Commission plays a big role in deciding how affordable and accessible those wonders will be for...more

China Takes Further Steps to Strengthen the Protection of Personal Information

Recent provisions issued by China’s Ministry of Industry and Information Technology underscore the country’s increased emphasis on the protection of telecommunications and internet users’ personal information....more

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

High Court confirms that operators of a live sports indexing website infringe FAPL’s copyright

Following high-profile injunctions awarded last year against the major ISPs requiring them to block access to peer-to-peer (P2P) file sharing sites Newzbin2 and The Pirate Bay, in a new site blocking decision delivered on 16...more

Competition & Regulation Update: ACCC Obtains Its First Unfair Contract Terms Declarations: ACCC V Bytecard Pty. Limited...

The Australian Competition and Consumer Commission's (ACCC) first case solely based on the unfair contract terms provisions of the Australian Consumer Law (ACL) has resulted in the Federal Court declaring by consent that four...more

“Be fruitful and multiply . . . but not in those words”: How much good faith is required when giving birth to a DMCA takedown...

Section 512 of the Digital Millennium Copyright Act (DMCA) provides copyright owners with the ability to demand that Internet Service Providers (ISPs) remove unauthorized copies from the internet. This can be a powerful...more

DMCA Safe Harbor Upheld for YouTube Once Again in Viacom v. YouTube

On April 18, 2013, the U.S. District Court for the Southern District of New York again held that YouTube is subject to the safe harbor provisions of the Digital Millennium Copyright Act as an internet service provider despite...more

Internet Regulation and Data Privacy in China

China is the world’s second largest economy, with an annual growth rate of more than eight percent and a rapidly growing middle class. Foreign investment into China routinely exceeds US$100 billion a year. Businesses from all...more

The Copyright Alert System – Copyright Infringement and The Educational Approach

There have been many attempts over the last few years to address online copyright infringement. The most recent effort is the Copyright Alert System (“CAS”), which was rolled out in February 2013 as a system created to...more

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

Six Strikes And You’re Out: The Copyright Alert System Begins This Week

The movie industry, the music industry and five major internet service providers, with some input from the White House, quietly got together in 2011 and came up with a system that would allow the ISPs to notify individual...more

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