FCC Applies Section 222 to BIAS Providers, but Delays Specialized Rules
The Order does not forbear from applying Section 222 of the Act to broadband Internet access service (BIAS) providers. It did, however, forbear from applying its existing rules implementing Section...
View ArticleFCC Announces Broadband Consumer Privacy Workshop – April 28
Commission makes good on Chairman Wheeler’s promise following adoption of new Net Neutrality rules The Federal Communications Commission recently announced that will hold a public workshop on April 28,...
View ArticleCanada Issues First Penalties Under Anti-Spam Law
CRTC imposes over US$900,000 in fines against two companies, reminding U.S.- and foreign-based businesses about possible liability under Canada’s Anti-Spam Law - This month marks the issuance of the...
View ArticleOpen Internet Order Published and to Become Effective on June 12,...
The FCC’s Open Internet Order (the “Order”) was published in the Federal Register today, Monday, April 13, and, unless the Order is stayed, will become effective after sixty days, on June 12, 2015....
View ArticleSupreme Court Grants Cert in Spokeo v. Robins
On April 27 the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, setting the stage for the high court to resolve a critical standing question that is an issue in almost all...
View ArticleWill Class Actions Have a Leg to Stand on After Spokeo?
In essence, the question presented in Spokeo is whether a statutory violation, without more, satisfies the injury requirements for Article III standing purposes. Should the Court rule in Spokeo, Inc.’s...
View ArticleFCC Sets Stage for Supplemental Changes to the Federal Telecom Pole...
Today, the FCC Wireline Competition Bureau released a Public Notice seeking to refresh the record on a Petition for Reconsideration filed by the National Cable & Telecommunications Association...
View ArticleSupreme Court Grants Cert in Campbell-Ewald v. Gomez
In a move that may greatly impact litigation under the Telephone Consumer Privacy Act (TCPA) and potentially other acts that provide statutory damages for violations, the high court will hear arguments...
View ArticleSignificant Amendments to COPPA Proposed in Do Not Track Kids Act
Reigniting their previous bipartisan attempts to amend the Children’s Online Privacy Protection Act (COPPA) and add greater privacy protections for children and younger teens, U.S. Senator Edward...
View ArticleOpen Internet Advisory Opinions: Do You Feel Lucky?
As part of the 2015 Open Internet Order (“Order”), the FCC adopted rules enabling regulated entities to seek advisory opinions from the Enforcement Bureau regarding the application of the Open Internet...
View ArticleWyndham v. Deflategate: Where Are the Goal Posts?
As a privacy litigator, I could not help but observe an apparent contradiction in the way the Third Circuit allowed the FTC to pursue Wyndham Hotels for cybersecurity breaches under the FTC Act, but...
View Article“And That’s the End!” 11th Circuit Ends VPPA Action in Ellis, But Leaves the...
Digital content and media providers got some good news from the U.S. Court of Appeals for the Eleventh Circuit in October when the court held that plaintiffs must be “subscribers” and not just users of...
View ArticleALJ Dismisses FTC Data Breach Action Against LabMD
In the first ruling rebuking the Federal Trade Commission’s cybersecurity enforcement efforts, the FTC’s head administrative law judge dismissed the FTC’s complaint against LabMD, Inc., on November 13,...
View ArticleWhat Does Campbell-Ewald Mean for Your Business?
A recent ruling by the United States Supreme Court held that a defendant cannot terminate a putative class action by offering the representative plaintiff complete relief, rejecting some courts’...
View ArticleFCC Adopts NPRM for ISP Privacy at March Open Meeting
Late this afternoon the FCC adopted a Notice of Proposed Rulemaking (NPRM) proposing new rules governing the privacy practices of Internet Service Providers (ISPs) at its monthly open meeting, which...
View ArticleTennessee Gives Businesses 45 Days for Data Breach Notice
Recent amendments to the State’s data breach statute give a hard deadline for a business to provide consumer notice, removes encryption safe harbor, exempts entities that are subject to the Health...
View ArticleThe FCC’s Privacy NPRM: A Closer Look at the Commission’s Legal Authority and...
As we have previously advised, the FCC’s proposed rulemaking to “protect the privacy of customers of broadband and other telecommunications services” (the “NPRM”) proposes sweeping changes to the ways...
View ArticleFirst Circuit and FTC Address Definitions of “PII,” While Michigan Amends...
On April 29, 2016, the U.S. Court of Appeals for the First Circuit handed down its widely anticipated opinion in Yershov v. Gannett Satellite Information Network, Inc., in which it expanded the reach...
View ArticleSCOTUS Vacates Ninth Circuit’s Spokeo Decision
When the Supreme Court granted certiorari in Spokeo v. Robins, it was clear that a ruling in the case would have significant implications for litigation under privacy statutes. The issue before the...
View ArticleSupreme Court’s “Standing” Ruling in Spokeo and Its Impact on Pending and...
The U.S. Supreme Court recently issued its much-anticipated ruling in Spokeo v. Robins, in which the Court considered whether Congress can confer Article III standing on a plaintiff to bring an action...
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