Kelley Drye

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Consolidated Net Neutrality Appeal Transferred to D.C. Circuit

On March 28, 2018, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit granted an unopposed motion filed by the petitioners to transfer the consolidated appeals of the Restoring Internet Freedom Order to the D.C. Circuit. As we explained in an earlier blog post, the D.C. Circuit decided the last three challenges … Continue Reading

Ninth Circuit Selected to Hear Consolidated Net Neutrality Appeals

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 (FCC’s) Restoring Internet Freedom Order. Under FCC rules, petitioners of FCC orders have ten days from the date of publication of the … Continue Reading

Support for FTC Jurisdiction Over Broadband:  Ninth Circuit En Banc Rules  Common Carrier Exemption is “Activity,” and not “Status-based,” Reversing Earlier AT&T Victory

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 Internet Freedom” reclassification proceeding, the U.S. Court of Appeals for the Ninth Circuit issued an opinion giving the Federal Trade … Continue Reading

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

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 effectively reverses the Commission’s 2015 Open Internet Order, reclassifying broadband Internet access service as a lightly regulated Title I “information service” and eliminating the 2015 … Continue Reading

The End of the Internet? What to Expect after the FCC’s 3-2 Vote to Restore Internet Freedom

On December 14, 2017, the FCC voted 3-2 to roll back the 2015 Open Internet Order, with all Republican commissioners voting in favor of the item and both Democratic commissioners strongly dissenting.  As we discussed in an earlier blog post in anticipation of the vote, the Restoring Internet Freedom Order (1) reclassifies broadband Internet access … Continue Reading

What to Expect from the FCC’s Restoring Internet Freedom Order

This Thursday, December 14th, the FCC will vote on the Restoring Internet Freedom Order, after releasing a draft on November 22nd. The Draft Order would overturn the FCC’s earlier 2015 Open Internet Order. We don’t expect any bombshell revisions when the FCC acts, and as such we expect that the Order will:… Continue Reading

NYC FCBA Holds “Meet and Greet” with FCC Commissioner O’Rielly: Video

The NY Chapter of the Federal Communications Bar Association (FCBA) held a “Meet and Greet” with FCC Commissioner Michael O’Rielly yesterday in Kelley Drye’s New York office.  Jameson Dempsey, a Kelley Drye associate and co-chair of the NY FCBA Chapter, provided introductory remarks. John Heitmann, Chair of the Communications Practice group in Kelley Drye’s Washington D.C. … Continue Reading

Chairman Pai Set to Release Draft Net Neutrality Item

On November 21, 2017, FCC Chairman Ajit Pai issued a statement announcing that he had circulated his draft Restoring Internet Freedom Order to his fellow commissioners. The draft Order will largely undo the 2015 Open Internet Order and limit FCC jurisdiction over broadband Internet access services, although it appears that the order will retain a … Continue Reading

Partner John Heitmann to Host Armchair Discussion with Commissioner O’Rielly

Partner John Heitmann will host an armchair discussion with FCC Commissioner Michael O’Rielly on Wednesday, November 29 from 12:30 – 2:00 p.m. at the offices of Kelley Drye, 101 Park Avenue, 27th Floor, New York, NY 10178. The discussion will be followed by a “Meet and Greet” brown-bag luncheon, providing an opportunity for attendees to meet the Commissioner … Continue Reading

It’s Official: The Old CPNI Rules Are Back in Effect

Today the Office of Federal Register published a final rule from the Federal Communications Commission (FCC or Commission) that formally voids the rule changes in the Commission’s 2016 Privacy Order—which Congress invalidated in a 2017 Congressional Review Act (CRA) joint resolution earlier this year—and reinstates the voice-centric customer proprietary network information (CPNI) rules “in effect immediately prior to the effect … Continue Reading

Communications Service Providers Asked to Adopt the FCC CSRIC Guidance on Signaling System 7 Vulnerability Reduction

Last week, the FCC’s Public Safety and Homeland Security Bureau released a Public Notice (“Notice”) urging communications service providers to review and assess how they can incorporate the recommendations from Communications Security, Reliability, and Interoperability Council (“CSRIC”) V, Working Group 10 March 2017 Report to abate security signaling system 7 (“SS7”) protocol vulnerabilities(the “SS7 Report”).  SS7 … Continue Reading

NTIA Holds Virtual Meeting of Multistakeholder Process on Internet of Things Security Upgradability and Patching

On July 18, 2017, the National Telecommunications and Information Administration (“NTIA”) hosted a virtual meeting of its multistakeholder process to address Internet of Things (“IoT”) patching and security upgrades.  The July 18th meeting represents the fourth gathering of multistakeholders in this process. During the July 18th meeting, four working groups presented: (1) the Communicating Upgradability … Continue Reading

What to Expect at the FCC’s July 2017 Open Meeting

Below is Kelley Drye’s preview of the items under consideration at the Federal Communication Commission’s (FCC’s) upcoming monthly Open Meeting, to be held on July 13, 2017.  Consistent with the trend since he took over the Commission, Chairman Ajit Pai continues to schedule a large number of items.  Indeed, for the sixth month in a … Continue Reading

Connect with Kelley Drye at next Presidio Forum on IoT Security in San Francisco on June 20

Kelley Drye is excited to support the next Presidio Forum on “Securing (and Regulating) the Internet of Things: Policy, Innovation & Investment,” in San Francisco on June 20, 2017.  The forum will present a candid discussion exploring today’s expanding IoT threat landscape, continued rise of regulatory interests and the increasing venture capital investment for IoT … Continue Reading

Carpenters, Carriers, and Cell-Sites (Oh My!): SCOTUS to Hear Mobile Locational Privacy Case

On June 5, 2017, the United States Supreme Court granted cert in Carpenter v. United States, a case in the hotly contested area of mobile cellular location data privacy.  The question before the Court is whether law enforcement must obtain a warrant for historical cell-site location information. The case stems from 2014, when Timothy Carpenter … Continue Reading

Blackburn Introduces Sweeping Internet Privacy Reform Legislation

On May 19, 2017, House Communications and Technology Subcommittee Chairman Marsha Blackburn (R-TN) introduced the Balancing the Rights of Web Surfers Equally and Responsibility Act of 2017 (the Browser Act or the bill), which overhauls privacy requirements for both Internet service providers (ISPs) and edge providers (e.g. Facebook, Netflix) (collectively, service providers).  The bill adopts … Continue Reading

Ninth Circuit Grants FTC Request for Rehearing En Banc of AT&T Throttling Case, Setting Aside Earlier Opinion

On May 9, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an order granting a Federal Trade Commission (FTC) request for rehearing en banc of the court’s earlier decision to dismiss an FTC case against AT&T Mobility over allegedly “unfair and deceptive” throttling practices in connection with wireless data services provided to AT&T’s customers … Continue Reading

FCC Releases Draft of “Internet Freedom” Item in Advance of May Open Meeting

On April 27, 2017, the Federal Communications Commission (FCC or Commission) released the draft text of a notice of proposed rulemaking (NPRM) that would launch a new FCC proceeding (WC Docket No. 17-108) to roll back the Commission’s 2015 Open Internet Order and take steps to “restore Internet freedom” by deregulating broadband Internet access service … Continue Reading

Previewing the (Net Neutrality) Road Ahead: Chairman Pai Announces a Plan to Reverse the 2015 Open Internet Order

On April 26, 2017, Ajit Pai, Chairman of the Federal Communications Commission (FCC or the Commission) announced his plans to launch a rulemaking proceeding reassessing the FCC’s Open Internet rules. During an event at the Newseum in Washington, D.C., Chairman Pai announced that he would present a Notice of Proposed Rulemaking (NPRM) to reassess many … Continue Reading

Client Advisory: Congress Repeals FCC 2016 Privacy Order via Congressional Review Act

On April 3, 2017, President Trump signed into law a Congressional joint resolution eliminating new broadband and voice privacy rules set forth in a November 2016 order (the 2016 Privacy Order) by the Federal Communications Commission (FCC) (the Joint Resolution).  Members of Congress largely voted along partisan lines. The House approved the Joint Resolution by … Continue Reading

Ajit Pai Selected as Next FCC Chairman

On January 20, 2017, Politico Pro reported that President Trump selected Republican Federal Communications Commission (FCC) Commissioner Ajit Pai to serve as the next permanent FCC Chairman.  According to the report, Commissioner Pai will not need to go through Senate confirmation in order to become Chairman.  Instead, he will simply need the Senate to reappoint … Continue Reading

Wireless Telecommunications Bureau Releases Draft Framework for Analyzing Zero-Rated and Sponsored Data Programs

On January 11, 2017, the Wireless Telecommunications Bureau (WTB or Bureau) of the Federal Communications Commission (FCC or Commission) issued an informal report—“Policy Review of Mobile Broadband Operators’ Sponsored Data Offerings for Zero-Rated Content and Services”—that establishes a draft framework for reviewing mobile broadband providers’ sponsored data and zero-rated offerings and analyzes the zero-rated and … Continue Reading

FCC Public Safety Bureau Inquires About How to Ensure 5G Network Security

Ahead of the upcoming administration change, the Federal Communications Commission (FCC or Commission) has continued its efforts focused on security and privacy. On December 16, 2016, the FCC’s Public Safety and Homeland Security Bureau (PSHSB or Bureau) released a Notice of Inquiry (NOI) intended to facilitate dialogue and initiate action on the part of the communications … Continue Reading

OMB Approves Enhanced Transparency Requirements for Open Internet Rules as the Small Provider Exemption Expires; Rules Will Go Into Effect January 17, 2017

According to a Public Notice the Federal Communications Commission (FCC) released today, on December 15, 2016, the Office of Management and Budget (OMB), has completed its review of the enhanced transparency rule from the 2015 Open Internet Order. In the 2015 Order, the FCC adopted enhancements to the transparency rule, which covers both content and … Continue Reading
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