ISPs

News & Analysis as of

The FCC and the Uncertain Future of Privacy Oversight for Internet Service Providers

The Federal Communications Commission’s (“FCC”) net neutrality proceeding culminated this month with the release of an Order reclassifying broadband Internet access service as a common carrier Telecommunications Service...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

Net Neutrality: Will The Internet Still Be Open for Business As Usual?

New changes supposedly designed to foster a more “Open Internet” have resulted in something of a national backlash. Although not unexpected, the Federal Communications Commission (the “FCC”) announced approval, on a partisan...more

FCC’s Net Neutrality Vote Reclassifies ISPs; May Lead To New Privacy Rules

On February 26, the Federal Communications Commission (“FCC”) voted to adopt FCC Chairman Tom Wheeler’s proposal to reclassify broadband internet service providers (“ISPs”) as a public utility. The move, part of the...more

Net Neutrality: Fatal Regulation or Neutral Impact?

On February 26, 2015, the Federal Communications Commission (FCC) voted to adopt its Open Internet Order (Order). The Order reclassifies both wired and mobile “broadband Internet access service” as a “telecommunications...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

FCC Chairman Wheeler Outlines Proposal for Net Neutrality Regulations

On Feb. 4, 2015, Federal Communications Commission (FCC) Chairman Tom Wheeler published an opinion piece on Wired outlining new Net Neutrality regulations coming from the FCC. Net Neutrality is a hot button topic, and the...more

Net neutrality, zero-rating and today’s news from the Netherlands and Slovenia

The issue of net neutrality is certainly the current hot topic in the world of telecoms regulation. I thought I would just add a few (personal) thoughts on the matter following this week’s (in my view) shocking news from the...more

Bill C-13: Cyberbullying Bill Introduces New Lawful Access Measures

On December 9, 2014, Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, also known as the Protecting Canadians from Online Crime...more

Testing the Privacy Waters: Does Recent FCC Privacy Enforcement Signal the Reclassification of Broadband Internet Service...

The Federal Communications Commission (FCC) had a busy year in 2014. During the past 12 months, the FCC proposed new regulations on net neutrality and pursued the largest privacy action in its history against TerraCom, Inc....more

FCC to Issue Net Neutrality Rules

In February, Federal Communications Commission Chairman Tom Wheeler will circulate a draft order regarding Net Neutrality to his four fellow commissioners. The Net Neutrality rules will govern whether Internet service...more

Subscriber Does Not Have Fourth Amendment Privacy Interest in Own IP Data

In 2012, the Supreme Court decided the case of United States v. Jones, 132 S. Ct. 945 (2012). Jones involved the government's use of a GPS tracking device on a vehicle and the information gleaned therefrom. The holding was...more

Music Publishers Bring Contributory Copyright Claims Against ISP for Infringing Activities of Subscribers

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright infringement for allegedly facilitating infringement by failing to terminate...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

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

Illinois Supreme Court Agrees to Unravel Procedural Tangle in Internet Posting Case

Our previews of the newest additions to the Illinois Supreme Court’s civil docket continue with Hadley v. Subscriber Doe. Hadley is a defamation case arising from an anonymous internet posting, but that issue comes wrapped in...more

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