News & Analysis as of

Should Hotels, Restaurants, Bars, and Shopping Centers Stop Offering Open WiFi Connections?

The answer in Germany is “yes.” To understand why, you have to understand the principle of “co-liability” or Störerhaftung. Under the principle of co-liability, operators of an open WiFi network can be held liable for the...more

Safe Travel Series: Dos and Don'ts of Hotel Safety

Hotels are susceptible to a wide array of thefts, scams, hacks, and assaults. Today, the savvy traveler needs to be security conscious. That especially applies to hotels. While any given stay will, in all likelihood, turn out...more

Sleep with an Eye Open: The New Age of Hotel Privacy Intrusion

A hotel is a personal place, even if you share it with thousands of other people. The very obscurity in a crowd can make you feel anonymous, and the private living space allows for the most private of conversations and...more

FTC sets new standard for mobile app location tracking – indirectly

If you have wondered how users' physical locations can be tracked when they use mobile devices, a new white paper explains the process. It's actually an FTC complaint, and thus a white paper only indirectly. But...more

Health Alert (Australia) August 29, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 23 August 2016 - Secretary, Department of Health (as successor to the Secretary, Department of Social Services) v DLW...more

Structuring Successful Broadband P3s

Public entities have recently been looking for new ways to harness right of way (ROW) for broadband public-private partnership (P3) projects. Last year, the city of Santa Cruz made history by entering into a roughly $50...more

Technology Must Be A Priority for Senior Living Communities

A recent panel at the Chicago Senior News Chicago Summit discussed the tendency of senior housing developers to spend money on the wrong priorities. In particular, they noted that money spent on technology should be...more

Narrow Construction May Apply When No Evidence Supports Broader Construction

Addressing claim construction issues, the US Court of Appeals for the Federal Circuit affirmed a claim construction limiting “communications path” to wired communications. Ruckus Wireless, Inc. v. Innovative Wireless...more

German Parliament (Deutscher Bundestag) releases operators of Wi-Fi networks from liability for copyright infringements committed...

On 2 June, the German Parliament (Deutscher Bundestag) passed a bill (2. Gesetz zur Änderung des Telemediengesetzes – 2nd Amending Law to the Federal Telemedia Act; “New Law”). The New Law limits the scope of potential...more

Operators of WiFi Access Points not Liable for Rights Infringements by Users

In a decision dated 12 May 2016, the German Federal Court of Justice (Bundesgerichtshof – BGH) narrowed the scope of liability of WiFi access operators for rights infringements of users of WiFi access points. The court ruled...more

German Federal Supreme Court confirms its previous positions on liability for copyright infringements within file sharing networks...

On 12 May 2016, the German Federal Supreme Court (“FSC”; Bundesgerichtshof – BGH) made several judgments, confirming and developing its settled case law on the liability of a subscriber of an internet connection...more

WiFi Privacy: Network Analytics Guidance Issued by ICO

The Information Commissioner’s Office (ICO) has issued guidance to help wireless (WiFi) operators understand their duties under the Data Protection Act 1998 (DPA) when collecting and using location and other analytics...more

Darthmouth Unveils Magic Wand for Secure Data Transmission

Hanover, New Hampshire – Researchers at Dartmouth’s Department of Computer Science has unveiled “Wanda,” a prototype “magic wand” that securely transmits information to a medical device....more

FBI and Traffic Safety Administration issue warning about car hackings

On March 21, 2016, the FBI and the U.S. National Highway Traffic Safety Administration issued a public safety announcement outlining the dangers of cars getting hacked. The announcement follows the media reporting about...more

FCC Expands Hearing Aid Compatibility Rules to Wi-Fi Calling and VoIP and Proposes Compatibility for All Handsets

On November 19, 2015, the Federal Communications Commission (FCC or Commission) adopted a Fourth Report and Order (R&O) and Notice of Proposed Rulemaking (NPRM), expanding its hearing aid compatibility (HAC) rules to cover...more

How to Protect and Secure Your Connected Devices

The Federal Bureau of Investigation is warning companies and the public to be aware of vulnerabilities that cybercriminals could exploit in connected devices, otherwise known as Internet of Things devices....more

Congress Grabs Reins on Spectrum

Nowhere is the opportunity greater to promote broadband deployment than in the wireless sector. As our society increasingly goes mobile, devices that were once limited to voice have become major conduits for access to...more

FCC says blocking FCC-approved Wi-Fi hotspots is “patently illegal” and imposes $750,000 fine on Smart City.

Blocking Wi-Fi connections is “patently unlawful”. On August 18, 2015, the FCC announced a $750,000 civil penalty and formal Consent Decree with Smart City Holdings for blocking consumers’ personal Wi-Fi access at...more

Boston’s MBTA joins the bluetooth beacon bus –it will now track the movement of its riders

If you don’t think you are being tracked as you move around Target or Macy’s or even through a local museum, you must not have a smartphone. Many companies are now using beacons –or stationary devices that measure the...more

Leveling the Playing Field: Mobile Location Analytics

As brick-and-mortar retailers face increasing challenges to compete with their online counterparts, a new tool is helping to level the playing field: mobile location analytics. Traditionally, online retailers have had an...more

FCC Issues Another Fine for Wi-Fi Blocking: Smart City Fined $750,000 for Blocking Mobile Hotspots

On August 18, the Federal Communications Commission (FCC) announced a $750,000 settlement with Smart City Holdings, Inc. (Smart City) to resolve an investigation into the company’s blocking consumer Wi-Fi hotspots at...more

Be aware of Windows 10 free upgrade opt outs

Since July 15, Windows 7 and Windows 8 users have been offered a free upgrade to Windows 10. Windows 10 includes Wi-Fi Sense, which features a default prompt that asks users to share access to WiFi networks that they have...more

Are You the Next Cybercrime Target?

How valuable is your data? If you store personally identifiable information, such as Social Security numbers, protected health information under HIPAA, and even more mundane information such as dates of birth and e-mail...more

Alert: New York District Court Articulates New Test for Assessing the Validity and Enforceability of Online Agreements

In April 2015, the United States District Court for the Eastern District of New York defined a new category of online agreement, the "sign-in-wrap" agreement, which it distinguished from clickwrap agreements. The court then...more

Free Wi-Fi: German Court Seeks Clarification in Luxembourg

Compared to other countries, Germany lags behind when it comes to free Wi-Fi spots. A recent study conducted by the Association of the German Internet Industry has shown that of around one million public hotspots in Germany...more

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