News & Analysis as of

Internet Service Providers (ISPs)

The Coming Border Wars: U.S. Court Decision Refusing to Enforce Canadian Court Order Highlights the Growing Balkanization of the...

Does a search engine operator have to delist websites hosting, without authorization, your trade secret materials or other intellectual property? The answer may depend on where you sue—just ask Google. The U.S. District Court...more

US Mayors Join Net Neutrality Cause

by Morgan Lewis on

As of this past Monday, 11 US mayors have signed a pledge defending “net neutrality” in their cities and towns. The pledge, titled “Cities Open Internet Pledge,” was introduced by Mayors Bill de Blasio of New York, Ted...more

States Take Sides on Net Neutrality

The states have taken matters into their own hands as the battle over net neutrality continues, even after the Federal Communications Commission’s (FCC) vote to repeal the rules....more

Ninth Circuit Selected to Hear Consolidated Net Neutrality Appeals

by Kelley Drye & Warren LLP on

On March 8, 2018, the United States Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the Ninth Circuit to hear the petitions for review of the Federal Communications Commission’s...more

States Follow Through With Commitment to Protect Net Neutrality

As we discussed in our January blog, states are taking the protection of net neutrality into their own hands. This week Washington’s Governor Jay Inslee signed the first state net neutrality bill to prevent internet service...more

Ninth Circuit decision reaffirms the FTC's jurisdiction in overseeing broadband markets

by Hogan Lovells on

On 27 February 2018, the U.S. Court of Appeals for the Ninth Circuit ruled unanimously in an en banc decision that the Federal Trade Commission (FTC) may bring enforcement actions against AT&T and other telecommunications...more

Digital Single Market – New Copyright Directive advances

by Hogan Lovells on

On 16 January 2018, the Bulgarian Presidency of the EU Council sought guidance from the Permanent Representatives Committee (Coreper) regarding the long-debated Draft Copyright Directive. ...more

Alert: Ninth Circuit Rescues FTC Authority Over Common Carriers’ Non-Carrier Services

by Cooley LLP on

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

Support for FTC Jurisdiction Over Broadband: Ninth Circuit En Banc Rules Common Carrier Exemption is “Activity,” and not...

by Kelley Drye & Warren LLP on

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

To Bid, or Not to Bid (in the FCC’s CAF II Auction), That Is the Question

by Davis Wright Tremaine LLP on

With apologies to Shakespeare, we take this opportunity to remind interested parties that the first deadline for initial applications to participate in the FCC’s historic Connect America Fund Phase II reverse auction (“CAF II...more

Support for FTC Jurisdiction Over Broadband:  Ninth Circuit En Banc Rules  Common Carrier Exemption is “Activity,” and not...

by Kelley Drye & Warren LLP on

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

Ninth Circuit Upholds FTC Authority Over Non-Carrier Activities of Common Carriers

by Davis Wright Tremaine LLP on

On February 26, 2018, a unanimous 11-judge en banc panel of the Ninth Circuit upheld the authority of the Federal Trade Commission (“FTC”) over the non “carrier” activities of a company with common carrier lines of business...more

Life in the Fast Lane: FCC Releases Final Rule Repealing Net Neutrality

by Morgan Lewis on

This week, the Federal Communications Commission (FCC) published the proposed final rule repealing “net neutrality,” the open internet rules that classified internet service providers (ISPs) as common carriers under Title II...more

FCC Net Neutrality Repeal Published in Federal Register, Triggering Deadlines for Challengers

by Kelley Drye & Warren LLP on

On Thursday, February 22, 2018, the Federal Communications Commission (FCC or Commission) published the Restoring Internet Freedom Order (the Order) in the Federal Register. As we previously discussed, the Order...more

FCC Publishes Internet Freedom Order – Clock Starts for Petitions and CRA

by Davis Wright Tremaine LLP on

The FCC sent the Internet Freedom Order to the Federal Register for publication today which will start the clock running for seeking judicial review. Petitions filed in the 10-day window starting today will be eligible for...more

Reinstated CPNI Regulations Require Providers to File Annual FCC CPNI Certification by March 1, 2018

by Davis Wright Tremaine LLP on

As we previously advised, the Federal Communications Commission (FCC) reinstated its customer proprietary network information (“CPNI”) rules governing the privacy obligations of telecommunications and VoIP service providers...more

Enforce your repeat infringer policy

by Thompson Coburn LLP on

Seinfeld famously noted that taking the reservation is not nearly as important as holding the reservation. In the same way, Internet service providers must do more to avoid liability than enact a repeat infringer policy –...more

The Google vs. Equustek Decision: What comes next?

by Field Law on

The internet is borderless, right? So how does one country balance the rights of internet users within its own borders? And can a Canadian court reach across an international border to control the online conduct of an...more

BMG V. Cox Is Major Copyright Victory For Music Industry

by Morrison & Foerster LLP on

While reversing and remanding for a new trial in light of certain errors in the jury instructions, the Fourth Circuit Court of Appeals has largely sided with the copyright holders in the dispute between BMG Rights Management...more

Cox Not Entitled to DMCA Protection Given Lax Infringer Policy

In its February 1, 2018 decision in BMG Rights Management (US) LLC, et al. v. Cox Commc’ns et al., No. 16-1972 (4th Cir. 2018), the U.S. Court of Appeals for the Fourth Circuit affirmed the denial of Cox Communication’s...more

Europe: Can new “hate speech” legislation set the mould for the Copyright Directive?

by Hogan Lovells on

The phenomenon of so-called “Hate Speech” has been in the public eye for a while now, but particularly in German news. Hate speech denotes verbal attacks and accusations based on personal attributes such as race, religion,...more

Net Neutrality Order Deep - Dive: Open Internet Rules Repealed, Transparency Requirements Remain, FTC Role over Broadband Privacy...

by Womble Bond Dickinson on

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

Life in the Slow Lane? What the Net Neutrality Repeal May Mean for Telehealth Services

Will the repeal of the net neutrality rules negatively impact the provision of TELEHEALTH SERVICES, which require robust and reliable internet connectivity? Net neutrality is the principle that Internet Service Providers...more

DSM: The Digital Single Market – ‘Intellectual Values’ seminar series #4, video

by Hogan Lovells on

The EU Commission’s comprehensive Digital Single Market strategy was one of the hot topics relating to the ever-changing ‘connected world’ we covered in our ‘Intellectual Values’ seminar series. Al Shaw, Counsel in our London...more

2018 Allianz Risk Barometer Highlights Business Interruption and Cyber as Two Most Important Risks of New Year

Allianz’s yearly survey of nearly 2,000 risk experts from 80 countries highlights business interruption and cyber incidents as the top two major threats for companies through 2018 and beyond. Forty-two percent of responses...more

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