ISPs Internet

News & Analysis as of

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

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

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

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 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 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

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

FCC Considers Net Neutrality Rules, Could Impact Video Game Industry

“Net neutrality” has become one of the most hotly debated issues before lawmakers and regulators in Washington this year. Proponents of net neutrality argue that the government should regulate the conduct of broadband...more

Public Comment Period Open on FCC’s Net Neutrality Proposed Rules

A few weeks ago, FCC Chairman Tom Wheeler set off a firestorm when he announced the FCC would consider adopting rules that would allow cable and telephone companies to charge Internet content providers (such as Amazon,...more

"FCC Launches Broad Network Neutrality Rulemaking"

Yesterday, the Federal Communications Commission (FCC or Commission) launched a proceeding to develop new network neutrality regulations that would prohibit Internet Service Providers (ISPs) from blocking or discriminating...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

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

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

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

Chinese Government Decision May Help Brands Protect Themselves

Anyone trying to stop Chinese counterfeiters learns almost immediately that most of the information that would ordinarily identify China-based owners of a URL or website is false. That makes it costly or impossible to...more

China’s New Online Information Protection Law

On Dec. 28, 2012, the Standing Committee of China’s National People’s Congress enacted a 12-article Decision on Strengthening Online Information Protection (the “Decision”), without public consultation and after just one...more

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