Google Street View Plaintiffs on the Hunt for “a Needle in a Haystack” to...
Back in April, Google filed a Petition for Certiorari with the U.S. Supreme Court in the Street View case, seeking review of the Ninth Circuit’s decision holding that unencrypted Wi-Fi signals are...
View ArticleImproving Data Breach Security, from the Customer’s Wallet on Up: In Wake of...
In early September, Home Depot announced that it had suffered a severe security incident, which resulted in a massive data breach that exposed the payment card information of Home Depot customers...
View Article“Th-th-th-that’s All, Folks!” Federal Judge Dismisses Class Action against...
On October 8, Georgia Federal District Judge Thomas Thrash, Jr., dismissed a putative class action against The Cartoon Network, Inc., where the plaintiff alleged that the animation company violated the...
View ArticlePresident Obama Proposes National Data Breach Law, Unveils New Consumer and...
On January 12 President Obama visited the Federal Trade Commission (“FTC”) where he unveiled several new data security and privacy initiatives, including proposed legislation to create a national data...
View ArticleWhen Plaintiffs Try to Fit Square Pegs in Round Holes – U.S. District Court...
On Tuesday, Jan.20, New Jersey Federal District Judge Stanley R. Chesler dismissed with prejudice the last remaining allegations in a multidistrict class action against Viacom and Google, formally...
View ArticleQuoth the Maven: “Without More!” Federal Judge Dismisses Dow Jones VPPA Class...
A Growing Chorus of Federal Courts Finds User IDs, by themselves, Do Not Count as Personally Identifiable Information under the VPPA Recently, a federal district judge joined a number of his colleagues...
View ArticleFCC Enforcement Bureau Dismisses ILEC Pole Attachment Complaint
Earlier this week the FCC’s Enforcement Bureau dismissed without prejudice a pole attachment complaint filed by Verizon Florida LLC (“Verizon”) against Florida Power and Light (“FPL”). It was the FCC’s...
View ArticleRewind and Replay: Plaintiffs Appeal Dismissal of VPPA Suits against Viacom,...
Plaintiffs in two recently dismissed class actions alleging violations of the Video Privacy Protection Act (“VPPA”) filed notices of appeal this week, asking the Third and Eleventh Circuit Courts of...
View ArticleAppellate Courts Being Drawn Into VPPA Fray
Last week the Third and Eleventh Circuit Courts of Appeals assigned case numbers to the appeals of In re Nickelodeon Privacy Litigation and Locklear v. Dow Jones & Co., Inc., two recently dismissed...
View ArticleImpact of Reclassification on Pole Attachments
The Order recognizes that the deployment of communications networks and broadband infrastructure depends heavily on access to utility poles on reasonable rates, terms and conditions. Accordingly, the...
View ArticleFCC 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...
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