News & Analysis as of

Internet Service Providers (ISPs)

Reminder: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection

by Katten Muchin Rosenman LLP on

On December 1, 2016, the US Copyright Office replaced its directory of designated agents for receipt of Digital Millennium Copyright Act (DMCA) notices of claimed infringement with a new electronic system. As part of this...more

Supreme Court to Hear Microsoft Emails Case

In an order issued on October 16, 2017, the U.S. Supreme Court granted certiorari in United States v. Microsoft Corporation, a case with potentially far-reaching implications for the privacy of electronic data maintained by...more

Action Required to Maintain DMCA Safe Harbor Protection

by Coblentz Patch Duffy & Bass on

Parties that operate websites may enjoy immunity from copyright liability for the infringing posts of their users under the terms of the Digital Millennium Copyright Act (“DMCA”). The DMCA offers a “safe harbor” from...more

December 31 Deadline for DMCA Safe Harbor Copyright Agent Designations

by K&L Gates LLP on

All companies that conduct business online should take note of an upcoming deadline for “safe harbor” from copyright infringement liability. Online service providers that allow users to store or post content (essentially, any...more

Justices to Hear DOJ Appeal on Microsoft Ruling: Is Email Stored Abroad Subject to a U.S. Warrant?

The Supreme Court is poised to finally answer the question that’s been plaguing federal courts across the country: must U.S. tech companies comply with warrants issued under the Stored Communications Act (“SCA”) that demand...more

China's New Cybersecurity Law Brings Enforcement Crackdown

by Jones Day on

The Situation: Earlier this year, the People's Republic of China enacted its Cybersecurity Law, which granted authorities broad, explicit powers to monitor and investigate activities falling under its purview, along with the...more

Copyright Office to DMCA service providers

by Dentons on

One of the best-known benefits of the Digital Millennium Copyright Act (DMCA) is the safe harbor from copyright infringement liability that it provides "online service providers", broadly defined in the statute as any...more

Justice Department Accuses Google of “Alarming” Tactics in Fight over SCA Search Warrant

The ongoing dispute between the government and Google concerning the company’s refusal to hand over customer data stored on foreign servers has taken an odd twist. Now, the Justice Department is demanding that Google be...more

Last Call: Your Q4 DMCA Agent Designation Reminder

by Jackson Walker on

We are only three months away from the December 31, 2017 deadline for websites and other online service providers to redesignate their DMCA agents under the U.S. Copyright Office’s new online registration system. This is an...more

Proposed California Broadband Internet Privacy Act Put On Ice

by King & Spalding on

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

Supreme Court to Discuss Granting Review in Microsoft E-Mails Case October 6

The U.S. Supreme Court recently indicated that it will consider the federal government’s petition for a writ of certiorari in United States v. Microsoft Corp. at its conference scheduled for October 6, 2017. United States v....more

It’s Official: The Old CPNI Rules Are Back in Effect

by Kelley Drye & Warren LLP on

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

December 31st Deadline for DMCA/OCILLA Designated Agent Renewal Approaching

The U.S. Copyright Office has implemented a new electronic system for registering agents designated to receive notifications of claimed copyright infringement, under Section 512 of the Digital Millennium Copyright Act...more

Illinois Geolocation Privacy Protection Act Sent To Governor Rauner

by King & Spalding on

The Geolocation Privacy Protection Act, which passed the Illinois Senate and House of Representatives earlier this year, has made its way to the desk of Illinois Governor Bruce Rauner for his signature or veto. The bill...more

22 Million Comments Tell FCC Battle Over Net Neutrality Is Not Over

by Perkins Coie on

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

Your Digital Millennium Copyright Registration May Be About To Expire

Last November, we wrote about the Copyright Office’s decision to ditch its paper registration system for the Digital Millennium Copyright Act (“DMCA”) safe harbor and start a new online system completely from scratch. If you...more

Cyber Briefing: Second “Envelope” Lawsuit Against Aetna, Yahoo to Answer for 1.5 Billion Hacked Accounts and Eighth Circuit...

As we head into the new week, here’s a quick summary of major data security developments from around the country. Aetna Hit With Second “Envelope” Lawsuit - Aetna Inc. is now facing a second lawsuit over the disclosure...more

Prosecuting Online Trolls Part 1: What To Do When Faced With Anonymous Online Postings

by Weintraub Tobin on

It happens all too often. You work tirelessly to promote your business by doing good work, delivering good products and services. Then you find an online posting with demonstrably false information about your business....more

In Case You Missed It: Launch Links - August, 2017 #2

by WilmerHale on

Some interesting links we found across the web this week: Why Startups Should Look for Opportunity Between the Coasts - Startups might consider an extended pit stop in the “flyover” states, where smaller cities are...more

Reminder: FCC Filings Due September 2017

by Kelley Drye & Warren LLP on

Form 477: Local Competition and Broadband Report - The Local Competition and Broadband Report, containing data as of June 30, 2017, must be filed by September 1, 2017. The report requires the submission of information...more

August 2017 FCC Meeting Recap: FCC Proposes Changes to Broadband Data Collection

by Kelley Drye & Warren LLP on

At its August Open Meeting, the Federal Communications Commission (“FCC” or “Commission”) voted unanimously in favor of a Further Notice of Proposed Rulemaking (“FNPRM”) that explores ways to improve the value of data,...more

Desire for More Granular Deployment and Subscription Data Drives FCC to Propose Changes to Providers’ Form 477 Reporting...

by Davis Wright Tremaine LLP on

Explaining that you “can’t manage what you can’t measure,” Federal Communications Commission (“Commission”) Chairman Pai’s recent proposal to revise the Commission’s Form 477 broadband and voice data collection requirements...more

China’s Cyberspace Administration announces first state level investigations under Cybersecurity Law

by Dechert LLP on

China’s Cyberspace Administration announced that it has commenced investigations into Tencent Wechat, Sina Weibo and Baidu Tieba for violation of China’s Cybersecurity Law late last week (11 August 2017). More particularly,...more

August 2017 FCC Meeting Recap: Commission Sets Reverse Auction Procedures for CAF Phase II Auction

by Kelley Drye & Warren LLP on

At its August Open Meeting, the Federal Communications Commission (FCC) approved a Public Notice (“Notice”) that addresses the procedures for its upcoming Connect America Fund (“CAF”) Phase II auction (“Auction” or “Auction...more

China launches its annual piracy crackdown campaign: focus on online piracy of films and TV programs

by Hogan Lovells on

China’s State Intellectual Property Office has recently announced, in a joint declaration with three other ministerial bodies, the launch of its annual online piracy crackdown campaign called the “Red Shield Net Sword...more

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Cybersecurity

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