News & Analysis as of

Internet Service Providers (ISPs) Appeals

Sheppard Mullin Richter & Hampton LLP

Dialing Up Accountability: FCC’s Warning Shot to Mobile Network Operators on CPNI

Key Takeaways: The Federal Communications Commission (“FCC”) sent a loud message to the telecommunications industry: the era of lax CPNI compliance is over. - Mobile network operators (MNOs), mobile virtual network...more

McDermott Will & Emery

Ninth Circuit Extends § 230 Immunity to Domain Name Registrars

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The US Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of the plaintiff’s suit against a domain name registrar, holding that the plaintiff did not adequately allege that the registrar used the...more

Saiber LLC

Third Circuit Holds Facebook Not Immune Under Section 230 of Communications Decency Act from State Law Claims Alleging Violation...

Saiber LLC on

In a precedential opinion, Hepp v. Facebook, et al., ____ F.4th ______, No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual...more

McDermott Will & Emery

No Immunity: State Right of Publicity Law is § 230 “Law Pertaining to Intellectual Property”

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The US Court of Appeals for the Third Circuit held that § 230 of the Communications Decency Act, 47 U.S.C. § 230(c), does not preclude claims based on state intellectual property laws, reversing in part a district court’s...more

Fenwick & West LLP

Federal Circuit Rules Presence of Google Servers in District Insufficient to Establish Venue

Fenwick & West LLP on

On February 13, 2020, the U.S. Court of Appeals for the Federal Circuit reversed the Eastern District of Texas’ ruling that venue was proper in In re Google, 2019-126, halting for now the line of precedent finding that...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2020 #3

PATENT CASE OF THE WEEK - In re: Google LLC, Appeal No. 2019-126 (Fed. Cir. Feb. 13, 2020) - In this week’s Case of the Week, the Federal Circuit granted mandamus to dismiss or transfer a patent infringement suit for...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Upholds “Light Touch” Federal Regulation of Broadband ISPs, but Opens the Door to Differing State-Level Laws

On October 1, 2019, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) largely upheld the “light-touch” approach to net neutrality regulation adopted by the Federal Communications Commission (FCC or the...more

Faegre Drinker Biddle & Reath LLP

The FCC’s “Restoration of Internet Freedom Order” Largely Survives on Appeal; But Net Neutrality is Not Dead Yet

On October 1, the U.S. Court of Appeals for the D.C. Circuit released a long awaited decision in Mozilla Corporation v. FCC that largely upheld most aspects of the Federal Communications Commission’s 2018 “Restoring Internet...more

Carlton Fields

Court Holds That Issue of Arbitrability Is for an Arbitrator to Decide Pursuant to Agreement

Carlton Fields on

A group of customers appealed the denial of a motion to compel arbitration and a declaratory judgment entered in an action brought by three internet providers. The customers subscribed to internet service in Georgia and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - June 2019

In this month's edition of our Privacy & Cybersecurity Update, we reflect on the GDPR's one-year anniversary while also examining the EU's new Cybersecurity Act. We also take a look at HHS' new guidance on direct liability of...more

Robins Kaplan LLP

The Second Circuit Reaffirms Volitional Conduct is Needed for Direct Copyright Infringement

Robins Kaplan LLP on

The Second Circuit confirms volitional conduct is needed to hold internet service providers liable for direct copyright infringement—it just disagrees what “volitional conduct” actually means. ...more

Hogan Lovells

Hosting providers of websites are not as such data controllers and only incur limited liability, French Court of Appeal says

Hogan Lovells on

In a decision dated March 1st, 2019, the Paris Court of Appeal reminded that specific conditions must be met for hosting providers to be held liable in case of unlawful content....more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2019 #2

PATENT CASE OF THE WEEK - Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, Appeal No. 2017-2508 (Fed. Cir. Feb. 6, 2019) In an appeal from an order of the United States District Court for the District of...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Hears Challenge To Federal Communications Commission’s 2018 Restoring Internet Freedom Order

On Friday, February 1, 2019, the U.S. Court of Appeals for the D.C. Circuit held a marathon oral argument in Mozilla Corp. v. FCC, No. 18-1051 (D.C. Cir. Feb. 22, 2018), in which various petitioners challenged the Federal...more

Sheppard Mullin Richter & Hampton LLP

As The “Net Neutrality” World Turns . . . .

Earlier this week, the United States Supreme Court denied requests by the Trump Administration and telecommunications industry players to vacate a prior decision by the D.C. Circuit Court of Appeals upholding the Federal...more

Ballard Spahr LLP

A Five-Star Decision: Yelp's Recent Victory Reaffirms The Broad Protections of Section 230

Ballard Spahr LLP on

In a closely watched decision with significant ramifications for online speech, earlier this week, the California Supreme Court struck down an injunction requiring Yelp, a popular online consumer review platform, to remove...more

Latham & Watkins LLP

A Significant Win for ISPs: UK Supreme Court rules on blocking order compliance costs

Latham & Watkins LLP on

Favourable Supreme Court decision for ISPs finding they do not have to bear costs of complying with blocking orders. Historically, internet service providers (ISPs) that have been ordered to block access to websites have...more

Hogan Lovells

UK Supreme Court holds rights-holders should bear the costs of web-blocking injunctions

Hogan Lovells on

The Supreme Court handed down its much anticipated judgment in Cartier International AG v British Telecommunications Plc yesterday. ...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Copyrights - The World in US Courts: Spring 2018

Spanski Enters., Inc. v. Telewizja Polska, S.A., US Court of Appeals for the District of Columbia Circuit, March 2, 2018. The Carsey-Werner Co., LLC v. British Broadcasting Corp., US District Court for the Central District...more

Morrison & Foerster LLP - Social Media

The Coming Border Wars: U.S. Court Decision Refusing to Enforce Canadian Court Order Highlights the Growing Balkanization of the...

Does a search engine operator have to delist websites hosting, without authorization, your trade secret materials or other intellectual property? The answer may depend on where you sue—just ask Google. The U.S. District Court...more

Jaburg Wilk

'Zeran v. AOL': The Anti-Circumvention Tool

Jaburg Wilk on

If I were an expert survivalist who was offered one tool to survive alone in the elements, I would probably choose a fire starter … but maybe a knife, a pot, or duct tape. Really, I would want all of those items because no...more

Patterson Belknap Webb & Tyler LLP

Justice Department Accuses Google of “Alarming” Tactics in Fight over SCA Search Warrant

The ongoing dispute between the government and Google concerning the company’s refusal to hand over customer data stored on foreign servers has taken an odd twist. Now, the Justice Department is demanding that Google be...more

Perkins Coie

22 Million Comments Tell FCC Battle Over Net Neutrality Is Not Over

Perkins Coie on

Last year, the contentious net neutrality debate appeared to be finally settled when the U.S. Court of Appeals for the District of Columbia Circuit affirmed the FCC’s 2015 Open Internet Order.[1] But in May, the FCC launched...more

Skadden, Arps, Slate, Meagher & Flom LLP

FCC Proposes to Roll Back Net Neutrality Regulations

The Federal Communications Commission (FCC) recently commenced a highly contentious proceeding to begin the rollback of various aspects of its network neutrality regulations, which it adopted on a party-line vote under the...more

Perkins Coie

FCC Launches Proceeding to Rollback Net Neutrality

Perkins Coie on

New developments: Since we published our update below, the FCC has adopted a Notice of Proposed Rulemaking to begin the process of rolling back the rules and regulatory framework for net neutrality...more

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