Broadband and telecommunications service providers should redouble efforts to comply with the rules of the FCC's "E-Rate" program that subsidizes service to schools and libraries as a result of a Supreme Court ruling that...more
Earlier this week, a federal judge rejected an AI startup's claim that using copyrighted material to train its AI system was permissible under the fair use doctrine. The decision—Thomson Reuters Enterprise Centre GmbH v. Ross...more
Update as of January 2, 2025: The U.S. Court of Appeals for the 6th Circuit issued a decision on the consolidated petitions for review of the FCC's 2024 Open Internet Order. In its January 2 decision, which relies heavily on...more
1/3/2025
/ Appellate Courts ,
Broadband ,
Broadband Internet Access Services (BIAS) ,
Chevron Deference ,
Customer Proprietary Network Information (CPNI) ,
Disability Access Claims ,
Enforcement ,
FCC ,
General Duty Clause ,
Internet ,
Loper Bright Enterprises v Raimondo ,
Net Neutrality ,
No-Blocking Rules ,
Popular ,
Privacy Laws ,
Rate Regulations ,
Reclassification Rules ,
Statutory Authority ,
Tariffs ,
Telecommunications ,
Title II ,
Transparency
On September 4, 2024, the California Privacy Protection Agency ("CPPA") announced that it issued an Enforcement Advisory ("Advisory") providing guidance on how to avoid using prohibited "Dark Patterns" to obtain consent from...more
On June 7, 2024, the Federal Communications Commission ("FCC") issued a Notice of Proposed Rulemaking ("NPRM") that would require providers of retail broadband internet access service to create detailed plans to address and...more
On May 7, 2024, the Federal Communications Commission (FCC) issued its latest network neutrality order, Safeguarding and Securing the Open Internet (the "Order"), which was published in the Federal Register on May 22, 2024,...more
6/7/2024
/ Broadband ,
Broadband Internet Access Services (BIAS) ,
Chevron Deference ,
Child Abuse ,
Communications Act of 1934 ,
Congressional Review Act ,
Copyright Infringement ,
Data Privacy ,
Data Protection ,
Enforcement ,
FCC ,
Internet ,
National Security ,
Net Neutrality ,
Open Internet Rules ,
Preemption ,
Privacy Laws ,
Public Safety ,
Telecommunications ,
Transparency ,
Website Accessibility
On May 3, 2024, the U.S. Department of Transportation's (DOT) Advanced Research Projects Agency Infrastructure (ARPA-I) published a Request for Information (RFI) seeking comment from interested parties on potential...more
On April 8, 2024, the FCC released a Further Notice of Proposed Rulemaking (FNPRM) seeking comment on a number of issues under the Safe Connections Act (SCA) specifically related to connected car services. As indicated by...more
On February 28, 2024, President Biden announced that he was issuing an Executive Order (the "EO") directing the promulgation of regulations to limit the dissemination of "bulk sensitive personal data" and "United States...more
3/8/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Brokers ,
Data Collection ,
Department of Justice (DOJ) ,
Espionage ,
Executive Orders ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Infrastructure ,
National Security ,
Prohibited Transactions ,
Regulatory Agenda ,
Sensitive Personal Information
On February 2, 2024, representatives from the European Union (EU) member states formally approved the final text of the EU Artificial Intelligence Act (the Act), which will be subject to final legislative approval in the...more
When can a work created using artificial intelligence ("AI") be copyrighted? And, if an AI-enabled work can be copyrighted, who is the "author"? The Beijing, China Internet Court took a different approach than the U.S....more
On November 20, 2023, as required by Section 60506 of the Infrastructure Investment and Jobs Act of 2021 (Infrastructure Act), 47 U.S.C. § 1754, the Federal Communications Commission issued a Report and Order and Further...more
On Monday this week, Anna Gomez was formally sworn in as the FCC's fifth commissioner, bringing the Commission back to its full complement and giving Chairwoman Rosenworcel a third Democratic vote. The very next day,...more
The FTC issued a significant new policy statement on May 19, 2022, warning companies that supply educational technology (EdTech) to schools not to use data harvested by their applications for purposes unrelated to education....more
On January 28, 2022, a panel of the Ninth Circuit Court of Appeals issued a ruling in ACA Connects v. Bonita, upholding the district court's denial of a preliminary injunction against the operation of California SB-822, which...more
On July 9, 2021, President Biden issued a far-reaching Executive Order seeking to fight market concentration and anticompetitive practices across the entire U.S. economy, stating that "[a] fair, open, and competitive...more
The whirlwind of developments during 2021 on "net neutrality" rules that is probably inevitable given the change in administration gathered speed this week, when a federal district court in California denied an industry...more
On February 5, 2021, three Democratic Senators released the SAFE TECH Act, which aims to require online service providers to address fraud, harassment, and the use of social media to organize extremist violence. If passed,...more
Last fall, California voters approved Proposition 24, thereby enacting the California Consumer Privacy Rights Act (CPRA). As DWT noted the day after the election, "CPRA amends the California Consumer Privacy Act (CCPA) in...more
On Thursday, October 29, the Federal Communications Commission (FCC) released its Order on Remand (adopted at its October 27 meeting), responding to the D.C. Circuit's remand of certain aspects of the agency's earlier...more
A May 28, 2020, Executive Order claims to "clarify" a vital protection for internet speech, Section 230 of the Communications Decency Act, 47 U.S.C. § 230, and proclaims that online platforms are public forums under the First...more
States and cities around the country, hopeful that the worst of COVID-19 will soon pass, are discussing reopening businesses, public spaces, and schools. While privacy issues may not be the first thing that comes to mind in...more
Governor Jay Inslee signed (with a partial veto) S.B. 6280 on March 31, 2020, establishing new statutory regulations on the use of facial recognition technology by state and local government agencies. ...more
The United States Department of Justice recently held a workshop to discuss potential concerns about Section 230 of the Communications Act. Section 230 protects online platforms and services from defamation and other types of...more
Senate Bill 6281, the "Washington Privacy Act" (the "Act") passed the Washington State Senate on February 14, 2020. A House committee approved an amended version of the Senate bill on March 2, 2020, which now moves to the...more