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As described in our May 8 client alert, most of the discussion regarding the new “network neutrality” order from the Federal Communications Commission (FCC) has focused on the FCC’s decision to reinstate rules the agency...more
The Federal Communications Commission (“FCC”) announced Thursday that in furtherance of the work of the agency’s Privacy and Data Protection Task Force, the FCC’s Enforcement Bureau signed Memoranda of Understanding (“MOU”)...more
After a long road that included questions over the scope of FTC and FCC jurisdiction, AT&T finally settled one of two cases challenging the unlimited data plans it offered to consumers. On Tuesday, November 5, 2019 the...more
In This Issue: - Court Limits 2015 Text Marketing Rules, Gives New FCC an Opportunity to Provide Clarity - Washington State Passes Net Neutrality Protection Law - Dr. Brew Kombucha Steeped in Probiotic Class Action? -...more
The US Court of Appeals for the Ninth Circuit this week issued an en banc decision reversing an earlier Ninth Circuit panel order that had found the Federal Trade Commission has no authority over “common carriers,” including...more
The Republican-led FCC’s effort to get out of the business of regulating broadband providers’ consumer practices took a step forward on Monday. In an appeal that has been proceeding in parallel with the FCC’s “Restoring...more
In this Client Alert, we provide a deep dive on the FCC’s recent Declaratory Ruling, Report and Order, and Order, that largely repeals the so-called “Open Internet” regulatory framework implemented by the prior FCC Chairman...more
New FCC order scales back net neutrality mandates while seeking to ensure internet openness through updated transparency requirements and FTC oversight. Background - On January 4, 2018, the Federal Communications...more
A basic tactic of shady internet advertisers relies on blurring the lines between “real” content and advertisements. Enough users are duped in this fashion to make the practice commonplace (and lucrative). Ad producers blend...more
In a widely publicized decision, the Federal Communication Commission (FCC) voted on Dec. 14, 2017, to repeal the tenets of the Protecting and Promoting the Open Internet Order, or the Open Internet Order, of 2015. See...more
On December 14, 2017, the FCC voted 3-2 to roll back the 2015 Open Internet Order, with all Republican commissioners voting in favor of the item and both Democratic commissioners strongly dissenting. As we discussed in an...more
On December 14, 2017, the FCC adopted a decision reversing nearly all of the significant elements of its 2015 Open Internet Order and the "network neutrality" rules from that order, retaining only the requirement that...more
Today, the FCC voted to pass the Restoring Internet Freedom order, which repeals the 2015 “net neutrality” rules and reverts back to the “light regulatory” touch the FCC previously had in place regarding internet service...more
This Thursday, December 14th, the FCC will vote on the Restoring Internet Freedom Order, after releasing a draft on November 22nd. The Draft Order would overturn the FCC’s earlier 2015 Open Internet Order. We don’t expect any...more
The wheel that is U.S. policy on “net neutrality” has taken another turn with the release of the FCC’s draft Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet Order (the “Title II...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
Last year, the contentious net neutrality debate appeared to be finally settled when the U.S. Court of Appeals for the District of Columbia Circuit affirmed the FCC’s 2015 Open Internet Order.[1] But in May, the FCC launched...more
New developments: Since we published our update below, the FCC has adopted a Notice of Proposed Rulemaking to begin the process of rolling back the rules and regulatory framework for net neutrality...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
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
The Federal Communications Commission (FCC) Privacy and Data Security Rule for broadband internet access service (BIAS) providers (the Privacy Rule) is dead. As we discussed, the new rule that was set to start phased...more
On April 3, 2017, President Trump signed into law a Congressional joint resolution eliminating new broadband and voice privacy rules set forth in a November 2016 order (the 2016 Privacy Order) by the Federal Communications...more
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