On January 6, 2023, the Federal Communications Commission (FCC or Commission) released its Data Breach Reporting Requirements NPRM (NPRM) after adopting the item by a 4-0 vote on December 28, 2022. This long-awaited NPRM...more
What can we expect from the Federal Communications Commission from the incoming administration of President-elect Biden? While we don’t have a crystal ball, we know that the president-elect has pledged to “build back better,”...more
In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more
On the eve of Thanksgiving, the Federal Communications Commission (FCC) released a draft order to repeal its own net neutrality rules. The order, which is expected to be voted upon and approved by a partisan 3-2 vote on...more
On September 16, 2017, a proposed California bill modeled after the Federal Communications Commission’s (“FCC”) failed broadband privacy regulations was withdrawn from committee, creating an uncertain future for what would...more
Today the Office of Federal Register published a final rule from the Federal Communications Commission (FCC or Commission) that formally voids the rule changes in the Commission’s 2016 Privacy Order—which Congress invalidated...more
We previously reported on the FCC’s 2016 Privacy Order, “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” impacting Internet service providers’ data privacy practices and obligations and...more
The Federal Communications Commission (FCC) recently commenced a highly contentious proceeding to begin the rollback of various aspects of its network neutrality regulations, which it adopted on a party-line vote under the...more
On April 17, 2017, Federal Trade Commissioner Terrell McSweeny spoke at an event in Washington, D.C., hosted by New America’s Open Technology Institute about broadband privacy issues in the wake of the repeal of the Federal...more
It’s hard to imagine a world in which the U.S. Postal Service is permitted to peer inside our personal mail, or gather and track the address and other data we place on our mail, and then use and sell what it learns about us....more
On April 4, 2017, President Trump signed legislation repealing the Federal Communications Commission’s (FCC) privacy protections adopted in October 2016. The regulations, set to go into effect later this year, would have...more
FCC Chairman Ajit Pai has waded back into the shark-infested waters of net neutrality by releasing a draft NPRM proposal to reverse the FCC’s recently upheld consumer protection rules prohibiting Broadband Internet Access...more
On April 3, 2017, President Trump signed into law a rare Joint Resolution of Congress under the Congressional Review Act (“CRA”), which disapproved the Broadband Privacy Rules adopted late last year by then-Chairman Wheeler’s...more
On April 3, 2017, President Trump signed a repeal of new Federal Communications Commission (FCC) rules that would have subjected broadband internet service providers (ISPs) to more stringent consumer privacy regulations....more
A recent repeal of federal consumer privacy rules has opened the door to potential sharing and use of sensitive, consumer data with only individual state privacy laws standing in the way....more
Both the House (215-205) and Senate (50-48) have voted to revoke the Federal Communication Commission’s (FCC) broadband privacy rules which would have forced broadband Internet Service Providers (ISPs), such as Verizon,...more
On April 3, 2017, the President signed into law a joint resolution that eliminates rules submitted by the Federal Communications Commission (FCC) that would have required Internet Service Providers (ISPs) to get approval from...more
New development: President Trump signed the Congressional Review Act (CRA) resolution of disapproval on April 3, 2017. The Federal Communications Commission is now prohibited from promulgating rules “substantially similar” to...more
Some interesting links we found across the web this week: IPOs Are Cool Again in Startup-Land - IPOs have been a rarity in the startup world in recent years, but signs point to a reversal if this column from...more
As the Trump presidency completes its first 10 weeks, the administration is celebrating big wins on the regulatory reform front while nursing some wounds from a major defeat on efforts to repeal and replace the Affordable...more
In this edition of our Privacy & Cybersecurity Update, we discuss the Congressional vote to repeal the FCC Privacy Rule, new cybersecurity developments from the Trump administration and the FTC's new guidance to companies on...more
Following the U.S. Senate’s recent vote, the U.S. House of Representatives has now voted to overturn the FCC’s Broadband Privacy Order using the Congressional Review Act (CRA). Enacted in 1996, the CRA allows Congress to...more
In this edition of our Privacy & Cybersecurity Update, we look at a series of recent court rulings regarding standing in privacy cases, most of which suggest plaintiffs will continue to have a difficult time establishing...more
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
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