Courts Have Construed DMCA Too Favorably for Online Providers, Copyright...
In its "first full analysis" of whether section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is… achieving its aim of balancing the needs of online service providers with those of...
View ArticleFCC Releases Final Text of Rules and Order Expediting Wireline and Wireless...
Some Notable Changes Made to the "One Touch Make-Ready" Rules and Declaratory Ruling Prohibiting State and Local Moratoria on Wireline and Wireless Deployment - Note: This advisory has been updated to...
View ArticleOTMR Effective Date and 9th Circuit Briefing Schedule Announced
Update #3: On August 13, 2020, in an 82-page opinion, a panel of the 9th Circuit upheld 2-1 the challenged aspects of all three of the FCC's Small Cell, Local Moratoria and OTMR orders in all but one...
View ArticleFCC's One-Touch Make-Ready Pole Attachment Rules Upheld; All But One...
— Lone issue on 5G "aesthetics" in Small Cell Order remanded to FCC — Dissent limited to disagreeing with FCC's above-cost prohibitions on municipal fees in Small Cell Order - On August 12, 2020, a...
View Article9th Circuit Upholds FCC's 2018 Small Cell, Local Moratoria, and One-Touch...
On August 12, 2020, a three-judge panel of the 9th Circuit in City of Portland v. FCC rejected multiple challenges to the Federal Communications Commission's (FCC) Small Cell, Local Moratoria, and OTMR...
View ArticleFacebook BIPA Settlement Moving Forward
Facebook's efforts to settle the long-running class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA) are moving forward again after being delayed earlier this...
View ArticleGoogle's Data Collection Practices Face Scrutiny in Recent Lawsuit
Google has recently been named in three lawsuits that challenge how it collects users' personal information and whether users can opt out of the collection. Each of these cases raises important issues...
View ArticleCopyright Office Says Courts Have Construed DMCA Too Favorably for Online...
In its "first full analysis" of whether Section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is … achieving its aim of balancing the needs of online service providers with those of...
View ArticleFCC Reaffirms Deregulation of Internet Access Services
On Thursday, October 29, the Federal Communications Commission (FCC) released its Order on Remand (adopted at its October 27 meeting), responding to the D.C. Circuit's remand of certain aspects of the...
View ArticleFTC Sets Its Eye on Algorithms, Automated Tech, and AI-Enabled Applications
Two recent Federal Trade Commission (FTC) enforcement actions reflect increased scrutiny of companies using algorithms, automated processes, and/or AI-enabled applications. In January 2021, the agency...
View ArticleChallenges to Google's Collection of Web Browsing Data Survive Motion to Dismiss
A class action lawsuit will proceed against Google over its collection of data from users browsing in "incognito mode," as District Judge Lucy Koh denied Google's motion to dismiss on March 12, 2021....
View ArticlePredicting the Future of Privacy Class Actions After Oral Argument in...
Last week, the U.S. Supreme Court heard oral argument on whether and to what extent class members' injuries and standing are relevant to class certification in TransUnion v. Ramirez. The complaint in...
View ArticleFederal Court Says Voice Service Providers "Mey" Face TCPA Liability for...
When a dialing platform or voice service provider is sued under the Telephone Consumer Protection Act (TCPA), it often can successfully move to dismiss because it did not "make" the calls at issue or...
View ArticleNew York City Biometrics Law Takes Effect in July 2021
Following the municipal ban on the use of facial recognition technology in Portland, Oregon, New York City's more expansive "biometric identifier information" law, set to go into effect July 9, 2021,...
View ArticleUnderstanding "Trustworthy" AI: NIST Proposes Model to Measure and Enhance...
Advances in artificial intelligence (AI) come with the promise of life-changing improvements in technologies such as smart buildings, autonomous vehicles, automated health diagnostics, and autonomous...
View Article“F--- school, f--- softball, f--- cheer, f--- everything,” Except First...
Last week, the U.S. Supreme Court issued its highly anticipated ruling in Mahanoy Area School District v. B. L., No. 20-255, (U.S. June 23, 2021), upholding students' free speech rights for the first...
View ArticleSCOTUS Denial of Certiorari in City of Portland v. FCC Renders Effective...
On June 28, 2021, the U.S. Supreme Court denied the petition for certiorari filed by consortiums of various municipal governments and associations seeking to overturn the Ninth Circuit's decision in...
View ArticleTransUnion v. Ramirez: SCOTUS Limits Article III Redressable Injuries
The U.S. Supreme Court's opinion in TransUnion LLC v. Ramirez, No. 20-297, 594 U.S. __, 2021 WL 2599472 (June 25, 2021), includes powerful language for defendants to use in seeking an early dismissal...
View ArticleColorado Adds to the Privacy Law Patchwork – What to Expect
On July 7, Colorado became the third state to enact comprehensive data privacy legislation, following California and Virginia. The Colorado Privacy Act (CPA), modeled largely after its predecessor in...
View ArticleDoes the U.S. Need an AI "Bill of Rights"?—White House Says "Yes"
The White House Office of Science and Technology Policy (OSTP) announced a plan to develop a "bill of rights" to protect against what the OSTP perceives to be potentially harmful consequences of AI,...
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