Open Internet Rules

News & Analysis as of

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

A Close to Open Internet Challenges?

In a major victory for the Federal Communications Commission (“FCC” or “Commission”) a three-judge panel of the United States Court of Appeals for the District of Columbia (“DC Circuit”) upheld the Commission’s 2015 Open...more

Six Key Consequences of the D.C. Circuit Upholding Net Neutrality

On its third try, the Federal Communications Commission finally got the sweeping net neutrality court victory it had been seeking for years. In US Telecom v. FCC, the U.S. Court of Appeals for the District of Columbia...more

Will SCOTUS Revisit Chevron Deference?

Chevron deference was an important factor in the U.S. Court of Appeals for the D.C. Circuit’s 180-page ruling, in United States Telecom Assoc. v. FCC, et al., on June 14 (Flag Day), upholding the Federal Communications...more

More Talk on Further OIO Review… And Will the Sixth Circuit Look at How the DC Circuit Ruled on Section 706 to Decide State Law...

It seems likely that one or more Petitioners in the consolidated case USTA v. FCC will seek review, either en banc or in the Supreme Court, of the D.C. Circuit’s decision released on June 14th. (DWT’s detailed advisory is...more

Divided D.C. Circuit Panel Upholds FCC Net Neutrality Rules

On June 14, 2016, the D.C. Circuit upheld the FCC’s 2015 order adopting its Open Internet rules against a wide range of legal challenges. (Our advisory describing the FCC’s rules can be found here.) In a detailed and lengthy...more

The DC Circuit Affirms the FCC’s Open Internet Rules

The court upholds the FCC’s authority to regulate internet access services as telecommunications carriers and impose restrictions on blocking and throttling internet content....more

DC Circuit Affirms FCC’s Open Internet Order

Today the U.S. Court of Appeals for the D.C. Circuit rejected multiple Petitions for Review and upheld the FCC’s Open Internet Order. That order reclassified wired and mobile broadband Internet access services as...more

A Big Win for Internet Consumers

On June 14, 2016 the United States Court of Appeals for the District of Columbia Circuit issued its ruling in United States Telecom Association, et al v. Federal Communications Commission and United States of America. The...more

"Third Time’s the Charm: Court Upholds FCC Net Neutrality Regulations"

Yesterday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in a lengthy 2-1 decision denied various challenges to the Federal Communications Commission’s (FCC or Commission) 2015 Open Internet...more

D.C. Circuit Upholds FCC’s Open Internet Rules

In a 2-1 decision, the D.C. Circuit’s Court of Appeals upheld the Federal Communications Commission’s (FCC or Commission) 2015 Open Internet rules, which reclassified Broadband Internet Access Services (BIAS), including...more

Alert: DC Circuit Upholds FCC's Network Neutrality Rules

This morning, a 2-1 majority of the United States Court of Appeals for the District of Columbia Circuit issued a decision upholding the 2015 Open Internet Order, which re-adopted the FCC's network neutrality rules and...more

FCC Bureaus Release Guidance on Transparency Rule Implementation

On May 19, the FCC’s Chief Technologist, Office of General Counsel, and Enforcement Bureau (“Bureaus”) released new guidance addressing implementation of the enhanced transparency disclosure requirements required by the 2015...more

Top Takeaways from DWT’s April 26 Open Internet Webinar

As the communications industry anxiously awaits a decision from the U.S. Court of Appeals for the D.C. Circuit on the judicial challenge to the Federal Communications Commission’s Open Internet rules, the Commission is...more

Internet Service Providers Face New Regulatory Environment in the FCC’s Privacy and Security Proposal

On March 31, 2016, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking (NPRM) of privacy and security regulations for Internet service providers (ISPs). The NPRM, In The Matter of Protecting the...more

New Cop on the Block – FCC’s Proposed Data Privacy and Security Rulemaking for Broadband Internet Access Providers

In 2015, the Federal Communications Commission (FCC or global Commission) issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so...more

FCC Privacy Comments [Still] Due May 27

After taking more than a year to issue its notice of proposed rulemaking regarding broadband Internet privacy, today the FCC denied requests from multiple parties for extensions of time to file comments. In its denial,...more

Analysis of the FCC’s Proposed Broadband Privacy Regulations

As we highlighted in a post last month, the FCC has proposed sweeping new privacy rules on broadband providers. Since our last post, the FCC has released its proposal in the form of a Notice of Proposed Rulemaking. ...more

Partisan Gridlock on Open Internet Rules Likely to Continue Until Court Ruling

Uncertainty over whether the U.S. Court of Appeals for the District of Columbia Circuit will overturn the FCC’s Open Internet rules appears to be a major roadblock to any bipartisan resolution of the issue in Congress. James...more

FCC Proposes Sweeping Broadband Privacy Rules

Broadband Internet access service providers would face a new, top-to-bottom consumer privacy regime. Twelve months after the US Federal Communications Commission (FCC) imposed common-carrier telecommunications rules on...more

FCC Broadband Privacy and Security Proposed Rulemaking Underway

As we reported last month, the FCC was preparing a proposed rulemaking (NPRM) to establish privacy and data security requirements for broadband internet access service (BIAS) providers. The FCC has now released that proposal...more

FCC Proposes Privacy Rules for Broadband Providers

In a recently issued Notice of Proposed Rulemaking, the FCC asked for comments on proposed rules that would apply the traditional privacy requirements of the Communications Act to providers of broadband Internet access...more

FCC Proposes Sweeping Privacy and Data Security Rules with Significant Potential Impact on the Broadband Ecosystem

On March 31, 2016, the Federal Communications Commission (FCC or Commission) voted along party lines (3-2) to launch a notice of proposed rulemaking (Notice or NPRM) to establish privacy rules for Broadband Internet Access...more

They Can Be Heroes: The FCC Proposes Expansive and Detailed Privacy & Cybersecurity Regulations for Broadband ISP

On April 1, 2016, the FCC released a Notice of Proposed Rulemaking (“NPRM”) that would impose new regulatory burdens on broadband Internet service providers’ use of customer data. The wide-ranging NPRM also proposes rules...more

FCC Releases Open Internet Transparency/Disclosure Rule Safe Harbor in the Form of Broadband Service “Labels” for End User...

The FCC has released its safe harbor disclosure framework under the Open Internet transparency requirements for end user customer disclosures, which take the form of a broadband “label” –not unlike the form of labels used by...more

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