ISPs

News & Analysis as of

Consumer and Governmental Affairs Bureau Seeks Comment on the Open Internet Order’s Small Business Exemption

On June 22, 2015, the Federal Communications Commission’s (Commission) Consumer and Governmental Affairs Bureau (CGB) sought comments on the temporary small business exemption to the 2015 Open Internet Order’s Enhanced...more

Cyber Security - Risk Management and Mitigation

In This Issue: - Agenda - Current Threat Environment - Current Threat Environment - Strategic Importance - Asian Data Privacy Regimes At-A-Glance - Data Protection: Regional temp - Asia-Pacific...more

The Internet of Things

In this Presentation: - Internet of Things - definition - But what is it all about? - But not just that... - The IoT market in figures... - Beecham Research - view of the World - The Connected...more

In re DMCA Subpoena to eBay Inc. - USDC, S.D. California, June 5, 2015

Subpoena issued to eBay pursuant to DMCA, seeking to identify alleged infringers, is deemed valid under express statutory language despite eBay’s pre-subpoena removal of allegedly infringing material in response to related...more

European Commission Publishes Strategy on the Digital Single Market

On 6 May the European Commission released the EU’s Digital Single Market strategy (the ‘DSM Strategy’), with the declared objective to tear down the obstacles to doing business online. The DSM Strategy has been released...more

FCC Releases Enforcement Advisory – Tells Broadband Providers to Take “Reasonable, Good Faith” Steps to Protect Consumer Privacy...

Come June 12, unless stayed by a federal court, broadband Internet service providers will be subject to expanded requirements to protect consumer privacy and new limitations on the use of customer data under the FCC’s recent...more

FCC Enforcement Advisory: Broadband Providers Must Take Reasonable, Good Faith Steps to Protect Consumer Privacy

On Wednesday, May 20, 2015, the FCC’s Enforcement Bureau issued its first enforcement advisory in the post-Open Internet Order era. Not surprisingly, the Bureau’s first advisory addressed the consumer privacy obligations of...more

New Guidelines on Online Profiling

The Italian Data Protection Authority (Garante per la protezione dei dati personali, the “DPA”) just issued new Guidelines on online profiling aimed at further clarifying the privacy-related obligations for internet service...more

Entertainment Industry Agent Rightscorp Seeks Personally Identifiable Information of Thousands of Internet Users

In the past two years, Rightscorp, Inc. has sought the identity of thousands of Internet subscribers across the country, in order to obtain settlements for alleged violations of its clients’ copyrights. ...more

Consent to Disclose Information in Response to a Consumer Complaint – Guidance from Canada

Not infrequently, customers may resort to consumer affairs columnists and other third parties, such as consumer advocacy groups, in order to resolve issues that they are having. In these circumstances, is there implied...more

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

DMCA Advice from the Department of Commerce

The Digital Millennium Copyright Act of 1998 was created to protect copyright owners from infringement of their works (such as photos, documents, music files, and videos) over the Internet. Amongst other things, the DMCA...more

Is Paying Extra for Privacy the Future of Home Internet Service?

All eyes are on AT&T after the carrier launched its gigabit fiber-to-the-home Internet service in Kansas City, pricing part of the service based on a user's privacy preferences. Interested users can access the carrier's...more

Advertising Law - April 2015 #2

Red Light! Cab Companies Claim Uber Falsely Claims to Be Safer Service: What’s safer—riding in a cab or riding in an Uber car? - A new false advertising lawsuit raised that question when a coalition of 19...more

What FCC’s Transparency Rule Means For Internet Privacy

There has been extensive coverage of the Federal Communication Commission’s new Open Internet Order, including questions about its ultimate fate, given pending court challenges. One element of the order that has not gotten...more

Online Infringement & Norwich Orders: Best Practices

When a copyright owner suspects online infringement, but lacks evidence of the identity of the alleged infringers, it can seek an order to disclose those details. Canadian law is clear that “A court order is required in every...more

Australia: Dallas Buyers Club LLC obtains customer identities from ISPs in landmark piracy ruling

On Tuesday 7 April 2015, a single Federal Court Judge ordered six internet service providers (ISPs) to hand over the names and identities corresponding to approximately 4,700 unique IP addresses, which have allegedly...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

Australia’s New Mandatory Data Retention Law

Last week, Australia became the latest country to pass a mandatory data retention law. The Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015, which amends Australia’s Telecommunications...more

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

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