Net Neutrality

News & Analysis as of

Wireless Carriers Warn FCC That Net Neutrality For Texts Will Increase Spam

The Federal Communications Commission (“FCC”) is weighing the benefits of protecting SMS text messaging under Title II of the Communications Act of 1934, often referred to as the Open Internet rules, versus continuing to...more

FCC's Halt Of Privacy Rule Signals Net Neutrality Reversal

Timothy Toohey was quoted in a Law360 article, March 2, 2017, discussing the Federal Communications Commission’s vote to prevent certain elements of privacy regulations from taking effect on broadband providers and signaling...more

In Case You Missed It: Launch Links - February, 2017 #4

Some interesting links we found across the web this week: How To Know If An Accelerator Program Will Give Your Company What It Really Needs - Accelerator programs are often an enticing option for early-stage...more

FCC Stay of Broadband Privacy Rules Foreshadows Deregulatory Measures

As anticipated, the Republican members of the Federal Communications Commission are taking steps to pare down the 2016 Broadband Privacy Order now that they are in the majority. The FCC has released an order staying the data...more

No Neutrality Here — Thursday’s FCC Vote Highlights the Enduring Struggle Between Tech Companies and ISPs Over “Net Neutrality”

The tech industry’s divide over “net neutrality” deepened when the FCC voted this past Thursday to suspend key Obama-era net neutrality requirements for broadband internet service providers (“ISPs”). The FCC’s net neutrality...more

FCC Begins Roll Back of Net Neutrality

Roughly two weeks since President Donald Trump’s inauguration, the new Chairman of the Federal Communications Commission, Ajit Pai, has taken steps providing further evidence that he plans to roll back FCC actions taken under...more

Chairman Pai Steps-It-Up on Broadband Deployment

Earlier this week, FCC Chairman Ajit Pai announced the formation of a new Broadband Advisory Committee, calling for nominations by February 15, 2017. The mission of the new FCC federal advisory committee is to make...more

Ajit Pai and the FCC’s Role in ISP Privacy Regulation under President Trump

On January 23, 2017, President Donald Trump named Ajit Pai as Chairman of the Federal Communications Commission (FCC). In his previous role as the senior Republican on the FCC under President Barack Obama, Mr. Pai was an...more

Ohlhausen’s Appointment as Acting Chair of FTC Signals Potential Change in Antitrust Approach

President Donald Trump last week designated Maureen K. Ohlhausen as acting chair of the U.S. Federal Trade Commission (“FTC”). Ohlhausen is a vocal critic of government involvement in the market, suggesting the FTC under her...more

Weekly Update Newsletter - January 2017 #2

GOVERNMENT CONTRACTS - Federal Acquisition Regulation; Federal Acquisition Circular 2006-95 - This Federal Acquisition Circular provides a summary presentation of final rules issued by the Department of Defense...more

Internet Law in a Trump Presidency

In a Democracy, transitions in leadership happen more frequently than in any other form of government. And with those transitions, some previous policies and orders are preserved and some are reversed. This approach to...more

Alert: Republican FCC Commissioners Fire First Shot in Next Network Neutrality Battle

In a statement released on Friday, December 16, and a letter to leaders of industry trade groups released on Monday, December 19, Michael O'Rielly and Ajit Pai, the two current Republican FCC commissioners, began the next...more

The First Domino Falls: Chairman Wheeler Announces He’ll Step Down as Head of the FCC in January

And so TCPA reform begins. Democratic Chairman Wheeler announced yesterday that he will follow longstanding agency tradition and step down as Chairman of the FCC in light of the election of Republican Donald Trump as our...more

In Case You Missed It: Launch Links - November, 2016

Some interesting links we found across the web this week: The Obvious Mistake Most Startups Know Not to Make (But Still Make Anyway) - Don’t mistake your big ambitions for an excuse not to start small....more

Post-Election Outlook: A New, Unpredictable World

In a shock to investors and political analysts around the world, Donald J. Trump won the 2016 Presidential election, putting the Republican Party in charge of the White House and Congress for the first time in a decade. Even...more

Panel Set in Crucial Appeal of TCPA Omnibus Ruling

The DC Circuit Court of Appeal has revealed the panel for the ACA, Intl. proceeding challenging the FCC’s oft-criticized 2015 TCPA Omnibus ruling. The judges assigned are Judges Srinivasan, Pillard, and Edwards....more

Ninth Circuit Removes FTC From The Beat: Agency Lacks Authority To Police Common Carriers Engaged In Non-Common Carrier Activities

The Federal Communications Commission (“FCC”) asserted broad regulatory authority over the Internet and broadband Internet service providers when it reclassified Internet access service as a “common carrier” service under...more

Ninth Circuit Strips FTC of ‘Activities-Based’ Jurisdiction over Common Carriers

The FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion. In FTC v. AT&T Mobility, No. 15-16585 (9th...more

In Case You Missed It: Launch Links - August, 2016 #2

Some interesting links we found across the web this week: When a Tech Patent is Neither - Founders should always be thinking about how best to protect their intellectual property, because a startup’s ideas are...more

In Case You Missed It: Launch Links - July, 2016 #3

Some interesting links we found across the web this week: Don’t Make Founders’ Equity Even - In case you missed it, our very own Gary Schall is featured in TechCrunch this week with some free advice for early-stage...more

The Latest with the FCC's Open Internet Order [Audio]

Attorneys Chris Savage, Peter Karanjia, and Dan Reing discuss the history and rationale of the Open Internet Order and the motivation and implications of the D.C. Circuit Court’s decision. The FCC’s assumption affirms that...more

News of Note

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team. Here are some of the stories...more

Internet Service a Utility in Bankruptcy? It Might Be Now.

One of the many fascinating things about restructuring work is its willingness to evolve by borrowing from other areas of the law. Just as business practices change, new financing techniques evolve, and transactions become...more

D.C. Circuit Upholds FCC’s Net Neutrality Rules

On June 14, 2016, the United States Court of Appeals for the District of Columbia Circuit upheld the Federal Commerce Commission’s recently enacted rules that enforce “net neutrality” as to Internet Service Providers. ...more

D.C. Circuit Upholds FCC's Net Neutrality Rules

On June 14, 2016, the United States Court of Appeals for the D.C. Circuit upheld the Federal Communications Commission’s (FCC’s or Commission’s) 2015 Open Internet Order (2015 Open Internet Order), which classified broadband...more

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