Communications

Earlier this year, Washington state legislators unanimously passed the nation's first criminal law requiring age verification for commercial sexual services advertisements depicting minors. The landmark law's goals are laudable, but its broad reach has some on-line service providers and traditional publishers concerned. For example, on-line service providers that allow users to post content and images on their sites, including on social networking sites, dating sites, discussion forums, blogs and chat rooms, could now face criminal exposure, even if they have absolutely no interest in placing, or permitting the placement of, such ads.

On June 25, 2009, the Department of Energy (DOE) announced that $3.4 billion in federal grants will be available through the Smart Grid Investment Grant Program (SGIG) and an additional $615 million will be available under the separate Smart Grid Demonstration Program (SGDP).  Funding for these programs was provided in the American Recovery and Reinvestment Act.

On Wednesday, October 22, 2008, the FTC announced that it has suspended enforcement of its new "Red Flag Rules" for combating identity theft for a period of six months, which gives entities that are subject to the rule until May 1, 2009 to implement their written "Red Flag Programs."

On August 7, 2008, the U.S. Court of Appeals for the Ninth Circuit held that the Federal Communications Act ("FCA" or the "Act") does not pre-empt state claims brought pursuant to a Washington state consumer protection statute, RCW 82.04.500, which has been interpreted to prohibit Washington businesses from passing line-item charges on to a customer without proper disclosure prior to the customer agreeing to the final purchase price.

On May 27, 2008, the U.S. Supreme Court denied certiorari in T-Mobile USA, Inc. v. Laster, No. 06-55010, 2007 WL 3194117 (9th Cir. Oct. 16, 2007), cert. denied, 128 S. Ct. 2500 (2008), thereby declining to resolve confusion surrounding the validity of waivers of class action relief as part of an arbitration agreement.

On June 26, 2008, the Washington Supreme Court issued its decision in Community Telecable of Seattle, Inc. v. City of Seattle, Dkt. No. 79702-1. A unanimous court held that the City of Seattle ("City") could not tax an Internet service provider at a tax rate exceeding the City's general service classification rate.