Tag Archives: privacy

Will Your TV Watch You? FCC Green Lights Targeted Advertising in Next Gen TV Broadcasting Standard

Last week, the Federal Communications Commission (FCC), in a 3-2 vote, approved an order allowing “television broadcasters to use the ‘Next Generation’ broadcast television (Next Gen TV) transmission standard, also called ‘ATSC 3.0.’”  Described in the Order “as the world’s first Internet Protocol (IP)-based broadcast transmission platform,” the Next Gen TV standard is expected to … Continue Reading

House Antitrust Subcommittee Explores the Role of Antitrust Law in Net Neutrality

On November 1, 2017 the House Antitrust Law Subcommittee held a hearing to discuss the role of federal agencies in preserving an open Internet. The core question discussed at the hearing was whether current antitrust law is sufficient to ensure net neutrality absent FCC rules. The panelists—including FTC Acting Chairman Maureen Ohlhausen and Commissioner Terrell … 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

June 2017 FCC Meeting Recap: FCC Seeks to Exempt Threatening Calls from Ability to Mask Number Using Caller ID Privacy Protections

At its June 22, 2017 Open Meeting, commissioners of the Federal Communications Commission (FCC) voted to start a proceeding that will consider proposed changes to the agency’s rules regarding Caller ID privacy. Specifically, the FCC’s notice of proposed rulemaking (“NPRM”) proposes to revise its rules in section 64.1601 to allow law enforcement and interested parties … 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

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

Sessions Commits to Enforcing USA FREEDOM Act

On Tuesday, January 10, 2017, in his confirmation hearing before the Senate Judiciary Committee, Senator Jeff Sessions, (R., AL), the president-elect’s nominee to lead the Department of Justice (DOJ), said that he intends to follow the USA FREEDOM Act, which prohibits the National Security Agency (NSA) from bulk collection of phone records.  For more on … Continue Reading

FCC Votes to Impose Aggressive New Privacy Rules on Broadband Providers

At the Federal Communications Commission’s (“FCC”) Open Meeting on October 27, the Commission voted along party lines (3-2) to impose more stringent rules on broadband Internet service providers (“ISPs”). Chairman Tom Wheeler, along with Commissioners Rosenworcel and Clyburn voted in favor of the item, while Commissioners Pai and O’Rielly voted against it. The new rules … Continue Reading

FCC Chairman Outlines Proposal for New Broadband Privacy Rules

On October 6, 2016, Federal Communications Commission (FCC or Commission) Chairman Tom Wheeler published a blog entry on the Commission’s website outlining proposed privacy rules for broadband Internet Service Providers (ISPs). The proposed rules are scheduled to be considered by the full Commission at its monthly meeting on October 27, 2016. These rules come after … Continue Reading

Client Advisory: The FCC’s Broadband Privacy NPRM

As we discussed in our earlier blog post, on March 31, 2016, the Federal Communications Commission (FCC or Commission) voted along party lines (3-2) to launch a notice of proposed rulemaking (NPRM) to establish privacy rules for Broadband Internet Access Service (BIAS) providers.  These proposals, if adopted, could impose prescriptive and complex privacy obligations that … Continue Reading

FCC Votes 3-2 to Initiate Sweeping Broadband Privacy Rulemaking Proceeding

On March 31, 2016 at its Open Meeting, the Federal Communications Commission (FCC or Commission) voted along party lines (3-2) to launch a notice of proposed rulemaking (NPRM) to establish privacy rules for broadband Internet Service Providers (ISPs). As we explained in our blog post in anticipation of this vote, this rulemaking stems from the … Continue Reading

FCC Includes Privacy Item on Its March Open Meeting Agenda: What to Expect

It’s official: next Thursday, March 31, 2016, the FCC will vote on a Notice of Proposed Rulemaking seeking comment on a proposed framework for new privacy and data security rules for broadband Internet access service (BIAS) providers.  This proceeding will have important implications for not only the broadband providers subject to the rules, but also … Continue Reading

TerraCom & YourTel Reach $3.5 Million Settlement With FCC over Alleged Privacy, Data Security, and Lifeline Violations

On July 9th, the Enforcement Bureau (EB) of the Federal Communications Commission (FCC or the Commission) reached a $3.5 million Consent Decree to resolve an investigation into whether TerraCom, Inc. (TerraCom) and YourTel America, Inc. (YourTel) (collectively, the Companies) violated laws protecting “phone customers’ personal information,” and whether YourTel failed to timely de-enroll Lifeline subscribers following … Continue Reading

FCC Enforcement Advisory: Broadband Providers Must Take Reasonable, Good Faith Steps to Protect Consumer Privacy

On Wednesday, May 20, 2015, the FCC’s Enforcement Bureau issued its first enforcement advisory in the post-Open Internet Order  era.  Not surprisingly, the Bureau’s first advisory addressed the consumer privacy obligations of broadband providers.  In the Advisory, the Bureau reminded broadband Internet access service (“BIAS”) providers that they will need to take “reasonable, good faith … Continue Reading

Post-Open Internet Order, FCC Schedules a Consumer Privacy Workshop

The FCC’s Wireline Competition and Consumer and Governmental Affairs Bureaus recently announced that they will hold a joint workshop on Tuesday, April 28 to “explore the Commission’s role in protecting the privacy of consumers that use broadband Internet access service.”  Discussions will center around the FCC’s recent Open Internet Order and its implications for the obligations … Continue Reading

State of the Union Preview: White House Communications Priorities for 2015

In the days leading up to Tuesday’s State of the Union address, President Obama has been previewing his Administration’s communications and technology priorities for 2015, including calling for an end to state laws that restrict municipal broadband deployments and new steps to promote cybersecurity.… Continue Reading

Federal Communications Commission Announces Membership in Global Privacy Enforcement Network

On October 28, 2014, the Federal Communications Commission (“FCC” or the “Commission”) announced that it had joined the Global Privacy Enforcement Network (“GPEN”), a network of privacy enforcement and regulatory bodies from around the world that engages in collaboration and coordination on cross-border privacy enforcement actions.… Continue Reading

CPNI Season Kicks Off With FCC Enforcement Advisory

Compliance with a carrier’s CPNI certification obligations has provided steady fodder for this blog, with the annual Omnibus CPNI fines, unusual settlements and consistent enforcement focus from the FCC’s enforcement bureau.  With the start of a new year, the CPNI season begins anew.  Yeasterday, the FCC unofficially kicked off the 2012 CPNI certification season with an … Continue Reading

FCC Eases CPNI Compliance for Prepaid Calling Card Providers

  Back in 2007, in response to the pretexting controversy, the FCC strengthened its CPNI rules to require telecommunications carriers to authenticate a subscriber’s identity before providing call detail information.  The FCC rules required carriers to authenticate customers with a password or some other information that does not rely upon "readily available biographical information" before … Continue Reading

California AG Kamala Harris Releases Privacy Guidelines for Mobile Apps

Jameson Dempsey co-authored this blog post. Hot on the heels of its recent lawsuit against Delta Airlines for alleged violations of the California Online Privacy Protection Act (“CalOPPA”), today the California Attorney General’s Privacy Enforcement and Protection Unit released its highly anticipated mobile privacy report, Privacy on the Go: Recommendations for the Mobile Ecosystem. The … Continue Reading

Court Rules for ISP in Deep Packet Inspection Lawsuit

Barbara Miller co-authored this post. A few years back, the use of deep packet inspection software – software that examines individual data packets in a broadband transmission – to deliver targeted advertising was a hot topic in regulatory and privacy circles.  Those activities spawned a series of cases against the DPI companies and their Internet … Continue Reading

FCC Seeks Comment on Privacy and Security of Information Stored on Mobile Phones and Other Devices

Days before tomorrow’s Federal Trade Commission (FTC) Workshop on Mobile Disclosures, the FCC weighed in with a pair of releases on privacy and security issues raised by mobile devices.  In the first item released on Friday, the FCC is seeking to refresh its record regarding the privacy and data security practices of mobile wireless service … Continue Reading
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