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On Tuesday, November 16 at 2:00 PM, the FCBA Privacy and Data Security Committee and the American Bar Association’s Forum on Communications Law will hold the 16th Annual Privacy & Data Security Symposium: “The Evolving Privacy Landscape in the Absence of Federal Legislation”. This event will take a deep dive into the evolving privacy

Over the past few years, the data collection and use practices of Internet Service Providers (“ISPs”) have largely flown under the radar while large internet platforms and the broader adtech industry have been under greater scrutiny. That respite may be coming to end following a staff report released last week by the FTC detailing the scope of ISPs’ data collection and use practices. The staff report was based on orders issued in 2019 under Section 6(b) of the FTC Act and puts ISPs and large platforms on similar footing, observing that “many ISPs in our study can be at least as privacy-intrusive as large advertising platforms.” In addition, the staff report finds that several ISP data practices could cause harm to consumers but does not go as far as calling any practices unfair or deceptive.

What the FTC will do with the staff report is less clear. The Commission voted unanimously to release the report, which does not make any specific policy recommendations. Members of the Commission, however, drew their own conclusions and articulated starkly different outlooks on the report’s implications. Chair Lina Khan and Commissioner Rebecca Kelly Slaughter declared that the FCC should play a leading role in overseeing ISPs’ data practices, citing the FCC’s industry expertise and legal authority. Commissioner Christine Wilson, however, stated that “oversight of ISPs for privacy and data security issues should remain at the FTC.” ISPs’ data practices – and the broader question of whether the FCC should reclassify broadband service back to a Title II telecommunications service and re-impose strict broadband privacy rules – are likely to be prominent issues as the Biden FCC takes shape in the months ahead.


Continue Reading FTC Staff Report Puts Spotlight Back on ISP Data Collection and Use Practices; FCC Re-Regulation Suggested

On September 30, 2021,  the Federal Communications Commission (“FCC”) adopted a Notice of Proposed Rulemaking (“NPRM”) proposing new requirements for mobile wireless carriers to protect consumers from two practices that nefarious actors use to take control of a subscriber’s cell phone service without gaining control of the subscriber’s device. With “SIM swap fraud” a bad actor fraudulently convinces a carrier to transfer wireless services from a cell phone associated with a subscriber’s subscriber identity module (“SIM”) to a cell phone associated with another SIM and controlled by the bad actor. “Port-out fraud” is the practice of arranging for a phone number to be transferred from a subscriber’s wireless carrier account to an account the bad actor has opened with another carrier. In both cases, the bad actor gains access to customer account information and can start sending and receiving calls and text messages using the victim’s account or phone number, including text messages customers receive for two-factor authentication.

The Commission’s consumer protection action arises from numerous complaints from consumers who have suffered harm as a result of these practices, and from concerns that consumers are vulnerable to these acts because wireless carriers have not implemented adequate protocols to verify that SIM swap and port-out fraud requests. To mitigate them, the agency suggests revisions to its Customer Proprietary Network Information (“CPNI”) and Local Number Portability (“LNP”) rules.


Continue Reading FCC Proposes Amending Privacy and Number Portability Rules to Stop Virtual Cell Phone Theft

At its June 17 Open Meeting, the Federal Communications Commission (“FCC”) adopted a Second Report and Order for its Connected Care Pilot Program, which provides administrative guidance that will enable award recipients to begin their pilot projects. On the same day, it announced its second set of projects awarded support through the Pilot Program.

The Connected Care Pilot was established in April 2020 to make up to $100 million in Universal Service Fund support available over three years for selected projects to defray costs for projects that will bring broadband connectivity and other connected care information services to eligible health care providers. The program is primarily aimed at supporting services that will benefit veterans and low-income patients. It is a longer term initiative than the short-term COVID-19 Telehealth Program designed to provide financial support for telehealth services, which are expected to remain in demand after the pandemic fully abates.


Continue Reading FCC Provides Guidance for Connected Care Pilot Program, Selects Additional Projects

Senator Ron Wyden (D-OR) will keynote “Legal Code: Reframing the Divide by Addressing Broadband Access Through Affordability and Inclusion”, a virtual event co-hosted by Kelley Drye and Silicon Flatirons on May 12th from 2:00-4:00 PM (ET) that will explore issues surrounding broadband affordability. The COVID-19 pandemic shined a spotlight on the Digital Divide and Digital Inequality, and with it, illuminated the broader issue of digital inclusion and internet access as a civil right. Over the last four years, efforts to close the Digital Divide have been geared largely toward access to networks in rural America, but pandemic related displacement is driving a shift in focus toward affordability in both rural and urban areas. This shift is most clearly evidenced by the recently adopted Emergency Broadband Benefit program, which gives broadband providers the unique opportunity to help fight Digital Inequality by offering subsidized discounts on robust Internet service and connected devices capable of helping low-income Americans connect to classrooms, jobs, and telehealth. Other recent efforts include the schools and libraries-focused Emergency Connectivity Fund, which aims to address a homework gap that transformed into a school-year-long remote learning gap.

This event will examine the pandemic’s impact on how we think about the digital divide and digital inequality, the new administration’s approach, and related activity in Congress, at the FCC, and at other federal agencies.

Agenda
Introduction & Opening Remarks

  • Amie Stepanovich, Executive Director, Silicon Flatirons

Keynote

  • Ron Wyden, U.S. Senator for Oregon

Panel: Conceptualizing and Navigating Paths to Affordability and Inclusion

  • John J. Heitmann (Moderator), Partner, Kelley Drye & Warren LLP
  • Chris M. Laughlin (Moderator), Associate, Kelley Drye & Warren LLP
  • Kate Black, Acting Chief Policy Advisor, Federal Communications Commission
  • Jose Cortes, Chair, Regulatory and Government Affairs Committee, National Lifeline Association
  • Claire Park, Policy Program Associate, New America’s Open Technology Institute
  • Trinity Thorpe-Lubneuski, Senior Director, Internet Essentials, Comcast

Click here for more information and to register.


Continue Reading Join Kelley Drye and Silicon Flatirons for a Discussion of the Digital Divide and Digital Inequality

In episode 9 of Kelley Drye Full Spectrum’s “Inside the TCPA” series, Partner Steve Augustino and Associate Chris Laughlin provide an update on the new FCC requirement for voice service providers to develop and implement robocall mitigation programs. Building on their Episode 7 discussion of the STIR/SHAKEN framework, Steve and Chris discuss when

2021 is well underway and the new leadership at the FCC is taking shape. While we don’t yet know who will fill the Chair on a permanent basis, the FCC under Acting Chairwoman Rosenworcel is proceeding without delay. So far, the Commission has tackled ongoing issues of bipartisan support, including broadband mapping, communications supply chain security and preventing 911 fee diversion. But the biggest challenges ahead are in the universal service fund and, specifically, efforts to bridge the digital divide.

In this post, we’re going to take a look at developments in the FCC’s $9 billion-per-year Federal Universal Service Fund and more recent pandemic-related efforts to address deficiencies in broadband access that have been exposed by our year of remote work, school and social activities.


Continue Reading The State of the Universal Service Fund in 2021

In the latest episode of Full Spectrum’s Inside the TCPA series, Partner Steve Augustino and Associate Chris Laughlin discuss a series of FCC orders that require implementation of a call authentication framework called STIR/SHAKEN. They cover the FCC’s anti-robocall program, the specifics of STIR/SHAKEN, its implementation requirements and deadlines, and other implications for service providers,

The FCC recently took a major step in promoting deployment of 5G networks in rural and hard-to-serve areas by adopting a Report and Order establishing the 5G Fund for Rural America (5G Fund) support program. The program, which is effectively the wireless counterpart to the wireline-focused Rural Digital Opportunity Fund (RDOF), will offer up to $9 billion over ten years to support the deployment of mobile voice and 5G broadband in these areas. It replaces Phase II of the Mobility Fund, which the FCC mothballed in 2018 after questions arose about the accuracy of wireless coverage data reported by carriers, which was meant to determine which areas are eligible for funding. Half of the 5G Fund budget also comes from repurposing the $4.53 billion that the Commission had originally allotted for 4G LTE deployments under Mobility Fund Phase II. The 5G Fund auction may not occur until 2023 because the Commission opted to wait until it can collect new data on existing deployments to identify areas eligible for support. In the meantime, recipients of legacy mobile high-cost support will be required to start using those funds for 5G networks beginning in 2021.

Continue Reading FCC Creates Framework to Fund 5G Deployments in Rural Areas

At its September 30 Open Meeting, the FCC took new steps to address costs and service quality related to its IP Captioned Telephone Services (IP CTS) program in a Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking. IP CTS, a form of telecommunications relay service (TRS), allows individuals who have difficulty hearing but are speech-capable to use a telephone with an IP-enabled device to communicate over the Internet by simultaneously listening to and reading real-time captions of what th other party is saying.

The item adopted by the Commission builds on its earlier efforts to promote sustainability of the TRS fund, address potential waste, fraud, and abuse in the IP CTS program, and improve IP CTS service quality for users. These efforts began in a June 2018 order where the FCC adopted a new methodology to set compensation rates for IP CTS services based on a calculation of the costs to provide the services and new measures to limit incidents of unnecessary IP CTS use. At the same time, the Commission adopted a Notice of Inquiry (NOI) seeking comment on potential new standards for the provision of those services. The FCC’s reforms continued in a November 2019 order, where the Commission expanded the TRS Fund contribution base for IP CTS to include intrastate, in addition to interstate, end-user revenues. Following that, in February 2019, the FCC created new rules requiring IP CTS providers to submit user registration information to the existing video relay service (VRS) Database to limit program access to only those determined to be eligible to use IP CTS. The instant Report & Order extends the compensation methodology adopted in June 2018 and the FNPRM proposes new standards to measure and test the quality of captioning based of the NOI responses and input from the Disability Advisory Committee.


Continue Reading FCC Sets New Rates for IP CTS Compensation and Proposes New Minimum Service Standards