Communications law is no longer simply about landline telecommunications and broadcast television. Emerging, disruptive technologies that rely on spectrum have advanced the communications sector from a core service to a transformative technology.
Publications
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02.15.2024FCC Declares AI-Generated Robocalls UnlawfulUpdatesAI-generated robocalls may trick some consumers into thinking they are being called by a human being, but the Federal Communications Commission clarified in a recent AI Declaratory Ruling that it will not be fooled.
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02.12.2024
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12.22.2023EU Reaches Political Agreement on AI Act, But Questions RemainUpdatesAfter a series of intensive negotiations among representatives of the European Union’s three governing bodies, the EU has concluded its “trilogue” meetings with a “political agreement” on the terms of its forthcoming Artificial Intelligence Act.
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12.21.2023FCC Updates and Expands its Data Breach Notification RulesUpdatesIn a politically divided 3-2 vote, the FCC updated its data breach notification rules, which had been in effect since before the release of the first iPhone.
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11.03.2023UK Online Safety Act Becomes Law: What To Expect NextUpdatesLast week, the UK’s Online Safety Bill received royal assent and became law. With this development, Ofcom, the regulator for the new Online Safety Act, has published a roadmap to explain how the Act will be implemented over the next two years.
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11.03.2023White House Issues Comprehensive Executive Order on Artificial IntelligenceUpdatesThe White House recently issued its most extensive policy directive yet concerning the development and use of artificial intelligence (AI) through a 100-plus-page Executive Order (EO) titled "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” and accompanying “Fact Sheet” summary.
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10.25.2023FCC Proposes To Reinstate Net NeutralityUpdatesThe Federal Communications Commission recently adopted a Notice of Proposed Rulemaking to reestablish its authority over broadband internet access service by reinstating its net neutrality rules.
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10.24.2023California's Digital Fair Repair Act: SB 244UpdatesGovernor Gavin Newsom recently approved California’s SB 244, also referred to as the Right to Repair Act, positioning California as a pivotal state advocating for comprehensive electronics or appliance repair rights.
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08.14.2023FCC Initiates Rulemaking About Commercial Spectrum Usage for AI and Other PurposesUpdatesThe Federal Communications Commission is seeking public comment on the feasibility, benefits, and limitations of techniques that can help advance the FCC’s understanding of “nonfederal” spectrum usage.
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06.29.2023Playing Catch-up With the EU, Senator Schumer Unveils Bipartisan AI Regulatory FrameworkUpdatesSenate Majority Leader Charles Schumer (D-NY) unveiled his much-anticipated, bipartisan legislative framework for regulating artificial intelligence during recent public remarks. To support this new framework and the resulting policy proposals, Senator Schumer has formed a bipartisan AI working group that will work closely with the leaders of the Senate’s Commerce, Homeland Security, Antitrust, Judiciary, and Intelligence committees to shape the draft legislation.
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05.01.2023The Latest on the EU’s Proposed Artificial Intelligence ActUpdatesThe EU was in the process of implementing its AI Act, first proposed on April 21, 2021, before generative AI chatbots were widely released. This Update provides a fresh look at the AI Act’s legislative status and its substantive evolution before it becomes legally effective.
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04.24.2023Biden Administration Seeks Comment on How To Improve AI AccountabilityUpdatesThe recent dramatic growth of artificial intelligence (AI) technologies continues to be a focus of the Biden administration.
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03.07.2023FTC's Second Settlement in Weeks Highlights Scrutiny on Businesses Processing Health Data for AdvertisingUpdatesThe Federal Trade Commision announced a proposed complaint and proposed consent order with BetterHelp, Inc., an online counseling platform that allegedly disclosed consumer health data to third-party advertising platforms.
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02.10.2023New TSA Rail Cybersecurity Rule Shows Trend Toward Prescriptive MandatesUpdatesthe Transportation Security Administration issued a new security directive to enhance cybersecurity preparedness and resilience for designated passenger and freight railroads.
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01.25.2023FCC Takes Steps To Combat Digital DiscriminationUpdates
Equal access to high-quality, affordable broadband internet service has never been more critical, particularly as Americans increasingly rely on broadband for everything from work and education to healthcare and entertainment. Accordingly, as part of a broader effort to combat digital discrimination, the Federal Communications Commission recently published a Notice of Proposed Rulemaking that seeks to promote and facilitate equal access to broadband internet service for everyone.
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01.18.2023Sweeping Appropriations Act of 2023 Makes Unprecedented Investments in AIUpdatesPublished over the holidays, President Biden signed the $1.7 trillion Consolidated Appropriations Act of 2023, which includes a wide range of artificial intelligence and machine learning initiatives and investments. It also directs several federal agencies to help ensure the responsible use of AI technologies, including the prevention of algorithmic bias. This Update includes a summary of the AI appropriations and initiatives.
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01.12.2023FCC Proposes To Strengthen Data Breach Notification Rules for Telecom OperatorsUpdatesThe Federal Communications Commission published a Notice of Proposed Rulemaking that seeks to strengthen and broaden its breach notification rules arising from the unauthorized disclosure of customer proprietary network information.
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01.11.2023Four Data Security Safeguards the FTC Would Like Companies To Adopt in 2023UpdatesData security will be an enforcement priority for the FTC in 2023. The FTC, in its December 14, 2022, Commission meeting, highlighted four data security measures that it believes are particularly important for strong cybersecurity.
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11.22.2022FCC Adopts New Broadband Nutrition LabelsUpdatesThe Federal Communications Commission has adopted new rules requiring broadband internet service providers to display labels that enable consumers to easily compare broadband service offerings.
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11.21.2022What is the US-UK Data Access Agreement and Why Does it Matter?UpdatesThis is the second in a series of updates addressing the bilateral data access agreement between the United States and the United Kingdom under the Clarifying Lawful Overseas Use of Data Act.
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11.18.2022FCC Prioritizes Enforcing Transfer of Control and Foreign Ownership RulesUpdatesAccording to a settlement with the Federal Communications Commission, Truphone Inc. repeatedly transferred control of its FCC licenses to unvetted foreign individuals and entities without oversight by the agency or the executive branch.
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11.17.2022More State Content Moderation Laws Coming to Social Media PlatformsUpdates
California and New York recently passed laws that seek to change how social media platforms and social media networks design and report their content moderation practices. The New York law will require a hateful conduct policy and reporting mechanism starting in December 2022. California laws will impose content moderation and transparency requirements starting in 2023 and 2024.
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11.10.2022White House Adopts Blueprint for an AI Bill of RightsUpdatesThe Office of Science and Technology Policy, a part of the Executive Office of the President, recently published a white paper entitled “The Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People.”
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11.08.2022New US Export Controls Target China’s Semiconductor and Supercomputer SectorsUpdatesThe U.S. Commerce Department’s Bureau of Industry and Security announced an interim final rule, adding a substantial number of new export restrictions to China of advanced semiconductors and chip manufacturing equipment.
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10.10.2022President Biden Issues Executive Order Regarding Signals Intelligence Activities, Clearing Way for New Trans-Atlantic Data Privacy FrameworkUpdates
President Biden signed an executive order on October 7, 2022, changing U.S. surveillance laws to address perceived deficiencies in protecting personal data identified by European Union courts.
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10.10.2022The EU’s Digital Services Act: A Paradigm Shift for Online IntermediariesUpdates
Following the Council of the European Union's approval earlier this week, the Digital Services Act has been officially adopted, starting the countdown to the law’s entry into force later this year.
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09.12.2022CISA Seeks Input on New Cybersecurity Reporting RequirementsUpdatesPresident Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 on March 15, 2022. CIRCIA solicits public comment for 60 days, beginning September 12, 2022.
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09.07.2022US-UK Bilateral Data Sharing Agreement Comes Into Force on October 3UpdatesUnder a new agreement between the United States and the United Kingdom, communications service providers in the United States may soon begin to receive legal process directly from law enforcement agencies in the United Kingdom.
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09.06.2022FTC Sues Data Broker for Alleged Unfair Act of Selling Precise Geolocation DataUpdatesThe Federal Trade Commission filed a lawsuit on August 29, 2022, against data broker Kochava Inc., alleging that the company’s sale of precise geolocation data is an unfair act or practice that violates Section 5 of the FTC Act.
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08.30.2022FCC Seeks to Spark Space InnovationUpdatesEarlier this month, the Federal Communications Commission released a Notice of Inquiry directed at advancing the space economy by examining in-space servicing, assembly, and manufacturing activities.
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08.16.2022FTC Kicks Off Wide-Ranging Privacy RulemakingUpdatesThe Federal Trade Commission released an advance notice of proposed rulemaking on “Commercial Surveillance and Data Security” on August 11, 2022. The ANPRM, approved on a 3-2 party line vote, is the initial step in a process that could result in the adoption of the first federal regulation addressing privacy, data security, and algorithmic discrimination across broad sectors of the U.S. economy.
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07.15.2022DC Circuit Affirms Exemption for Certain Commercial Non-Telemarketing CallsUpdatesThe U.S. Court of Appeals for the District of Columbia Circuit recently denied a petition to review a 2020 Federal Communications Commission order that permitted callers to place commercial non-telemarketing robocalls to residential phone numbers and that established uniform call limits for such calls.
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07.14.2022Supreme Court Decision Portends Greater Judicial Scrutiny of FCCUpdatesBy a 6-3 majority, the U.S. Supreme Court in West Virginia v. Environmental Protection Agency held that the Environmental Protection Agency’s efforts to regulate greenhouse gases by making industry-wide changes violated the “major questions” doctrine.
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06.28.2022FCC Requires Gateway Providers to Combat Foreign-Based RobocallsUpdatesThe Federal Communications Commission recently adopted certain final rules, policies, and proposed rules to “stem the tide of foreign-originated illegal robocalls.”
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2022California Consumer Privacy Act Litigation Year in Review 2022Lawyer PublicationsPerkins Coie is pleased to announce the launch of our second annual report California Consumer Privacy Act Litigation Year in Review. The California Consumer Privacy Act (CCPA) became effective on January 1, 2020, and regulates any “business” that does business in California.
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04.12.2022FTC Chair Lina Khan Gives First Public Address Regarding PrivacyUpdatesFederal Trade Commission Chair Lina Khan spoke at the opening of the International Association of Privacy Professionals Global Privacy Summit on April 11, 2022, in Washington, D.C.
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04.08.2022Answers to Common Questions Regarding New CIRCIAUpdatesPresident Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 on March 15, 2022.
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03.31.2022Utah Joins California, Colorado, and Virginia With Omnibus Privacy LawUpdatesUtah Governor Spencer Cox signed the Utah Consumer Privacy Act (Utah Law) into law on March 24, 2022, making it the fourth omnibus state privacy law enacted in the United States.
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03.29.2022Recent Warnings Highlight Need for Enhanced Cybersecurity of Critical InfrastructureUpdatesThe U.S. government has steadily increased its warnings about malicious cyber activity by Russia and other sophisticated, persistent adversaries.
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03.23.2022NewSpace Investments and Acquisitions Take OffUpdatesResponsible for lowering the cost to access space, the "newspace" industry has been developing new and fast-moving business models that have opened up new markets.
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03.07.2022FCC Examines Cybersecurity Vulnerabilities Following Russian Invasion of UkraineUpdatesThe U.S. Federal Communications Commission published a Notice of Inquiry on February 28, 2022, inviting public comment on vulnerabilities that threaten the security and integrity of the Border Gateway Protocol, which is central to the internet’s global routing system.
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03.02.2022Sanctioning Russia Over Invasion of UkraineUpdates
On February 21, 2022, Russian President Vladimir Putin unilaterally recognized the Luhansk and Donetsk regions in Eastern Ukraine as independent states.
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02.23.2022FCC Adopts Rules to Increase Broadband and Cable Competition in Multi-Tenant EnvironmentsUpdatesOn February 15, 2022, the Federal Communications Commission unanimously adopted new rules intended to give tenants in multi-tenant environments greater choice in selecting broadband and cable service provider services
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02.08.2022FCC Proposes New Broadband “Nutrition” LabelsUpdatesThe Federal Communications Commission recently proposed new rules that would require internet service providers to display labels that allow consumers to comparison shop for broadband services.
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02.04.2022FCC Revokes Chinese Telecom’s US AuthorizationsUpdatesIn recent years, the Federal Communications Commission (FCC) has worked closely with the U.S. Department of Justice and other Executive Branch national security agencies to restrict China’s influence on U.S. telecommunications.
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02.03.20222022 Compliance Landscape for Recurring Subscription ProgramsUpdatesBusinesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations.
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01.06.2022
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11.11.2021How the New Infrastructure Act Aims to Bridge the Digital DivideUpdatesCongress recently passed the long-awaited bipartisan Infrastructure Investment and Jobs Act. The law allocates over $1 trillion in new and repurposed funds to upgrading the country’s infrastructure.
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07.20.2021NIST Seeks Comment on Proposals to Identify and Manage Bias in Artificial IntelligenceUpdatesThis update summarizes a recent publication subject to public comment adopted by the National Institute of Standards and Technology (NIST): “A Proposal for Identifying and Managing Bias in Artificial Intelligence.”
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07.13.2021Three Ways President Biden’s Executive Order Affects the Telecom and Tech SectorUpdatesPresident Biden’s recent "Executive Order on Promoting Competition in the American Economy" promotes fair competition regulations across a diverse group of key U.S. industries and includes 72 separate initiatives involving more than a dozen federal agencies.
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07.08.2021Colorado Becomes the Third US State to Enact Comprehensive Privacy LegislationUpdatesColorado Governor Jared Polis signed the Colorado Privacy Act (CPA) into law on July 7, 2021, making it the third comprehensive state privacy law enacted in the United States.
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05.17.2021President Biden’s Cybersecurity Executive Order Focuses on IT and Software Supply Chain VulnerabilitiesUpdates
On May 12, 2021, President Biden signed a sweeping Executive Order (EO) to protect federal government networks and software supply chains against increasing threats of attacks from malicious cyber actors, setting the stage for future rulemaking and amendments to the Federal Acquisition Regulation (FAR) focusing on IT and software sold to the government.
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04.28.2021Europe Seeks to Tame Artificial Intelligence With the World’s First Comprehensive RegulationUpdatesIn what could be a harbinger of the future regulation of artificial intelligence (AI) in the United States, the European Commission published its recent proposal for regulation of AI systems.
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04.08.2021Supreme Court Restores Trump FCC’s Deregulation of Media Ownership RulesUpdates
The Supreme Court’s recent decision in FCC v. Prometheus Radio Project et al. is significant for both the decision’s effect on the regulation of the broadcast television industry and its clarifications of administrative law. In Prometheus, the Court restored the Federal Communications Commission’s 2017 order on reconsideration to repeal or modify three core broadcast television ownership rules. This client update summarizes the decision and provides key takeaways on the ruling’s implications for M&A and other transactions in the broadcast industry.
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04.05.2021Supreme Court Narrows TCPA’s Definition of “Autodialer”UpdatesIn Facebook, Inc. v. Duguid et al., the U.S. Supreme Court provided some clarity that stakeholders have been awaiting since 2015 by adopting a narrower interpretation of the term “autodialer” for purposes of the Telecommunications Consumer Protection Act (TCPA). The Court reversed an expansive interpretation of “autodialer” adopted by the U.S. Court of Appeals for the Ninth Circuit that the Court noted would have prohibited many commonplace uses of cell phones by consumers. The Court found that for a dialing system to constitute an autodialer, it must have the capacity to either store or produce a telephone number using a random or sequential number generator. This narrower interpretation comes as a relief to a broad range of businesses and nonprofit organizations, among others, that believed the Ninth Circuit’s broad interpretation unfairly ensnared legitimate communications practices that did not harm consumers.
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02.02.2021New Law Criminalizes Streaming: What Businesses Need to KnowUpdatesStreaming is a widespread form of entertainment for millions of Americans and its popularity has soared during the pandemic. However, according to a study by the U.S. Chamber of Commerce and the Global Innovation Policy Center from June of 2019, “global online piracy costs the U.S. economy at least $29.2 billion in lost revenue each year.”
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UPDATED 02.08.2021What to Expect From Acting Chairwoman Rosenworcel’s FCCUpdatesShortly after his inauguration, President Biden appointed Commissioner Jessica Rosenworcel as acting chairwoman of the U.S. Federal Communications Commission.
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01.29.2021Everalbum Settles FTC Claims Alleging Deceptive Use of Facial Recognition TechnologyUpdatesThe Federal Trade Commission announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first enforcement action focused on facial recognition technology, and likely signals a new era of increased regulatory scrutiny for companies involved in facial recognition.
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2021Telecoms, Media & Internet 2021
International Comparative Legal Guide - 14th Edition
USA SectionTelecommunications is the largest communications sector in the United States. AT&T, Verizon, and T-Mobile are the largest and most diversified telecommunications companies in the United States. -
12.22.2020Time to Face the Country’s Strictest Facial Recognition LawUpdates
Companies that do business in Portland, Oregon may need to add one more item to their holiday to-do list: disable face recognition technologies in Portland.
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12.09.2020New Internet of Things Cybersecurity Law EnactedUpdatesInternet of Things (IoT) devices have the potential to transform our home and work environment by integrating a growing range of “smart” wirelessly connected sensors into our daily lives.
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11.16.2020What to Expect From the Biden FCCUpdatesWhat can we expect from the Federal Communications Commission from the incoming administration of President-elect Biden?
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08.20.2020Ninth Circuit Largely Upholds FCC Orders Designed to Promote 5G Network DeploymentUpdatesIn a recent decision, a panel of the U.S. Court of Appeals for the Ninth Circuit largely upheld three Federal Communications Commission (FCC) orders intended to facilitate the rapid deployment of 5G wireless facilities nationwide.
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07.15.2020Compliance Burdens Grow With Rule Barring Government Contractors’ Use of Telecommunications Equipment or Services From Certain Chinese CompaniesUpdates
The U.S. government has issued a long-awaited rule implementing legislation to prevent federal agencies from contracting with entities that use telecommunications equipment or services produced or provided by Huawei Technologies Company, ZTE Corporation, and certain other Chinese companies, a major step that will impose a significant new compliance burden on government contractors.
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06.11.2020FCC Seeks to Unlock Potential of TV Spectrum for Advanced Broadband ServicesUpdatesThe Federal Communications Commission unanimously voted on June 9, 2020, to adopt a Declaratory Ruling and Notice of Proposed Rulemaking to promote broadcast internet services through a new broadcast standard called ATSC 3.0.
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06.04.2020Pegasus Beyond the Plow: Broadcast TV’s Path to InnovationArticlesDaily television news featuring both life-and-death developments and state- and municipal-level policy announcements have spurred a quarantine-fueled "golden age" for television, especially local news.
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05.07.2020FCC Seeks Unprecedented License Revocations from Chinese TelecomsUpdatesInternational trade and cyber security issues, compounded by the coronavirus pandemic, have increased existing tensions and distrust between the United States and China.
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04.20.2020Open Access, Open Source, and the Battle to Defeat COVID-19UpdatesNo legal development over the past decades has had a greater impact on the free flow of information and technology than the rise of the open access and open source movements.
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04.08.2020FCC Adopts New Programs to Help Telehealth Services Combat COVID-19UpdatesIn response to the ongoing public health emergency, the Federal Communications Commission released a Report and Order on April 2 establishing a COVID-19 Telehealth Program, along with a broader Connected Care Pilot Program, to support connected care services and devices.
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04.08.2020FCC Paves the Way for New Broadband Wi-Fi Services in the 6 GHz BandUpdatesIn response to great interest from Silicon Valley, Federal Communications Commission Chairman Ajit Pai has released draft rules that would make valuable spectrum available for unlicensed wireless broadband services (i.e., Wi-Fi) in the 6 GHz band (5.925-7.125 GHz).
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03.24.2020Tips for Negotiating New Technology Agreements in the Time of COVID-19UpdatesIn the midst of the COVID-19 pandemic, many buyers and sellers of tech services and goods are in the process of (1) examining their existing tech agreements to determine whether the pandemic constitutes a force majeure event under the governing law of the agreement and excuses related failures or delays in performance, and (2) assessing how to negotiate new tech agreements within the uncertainty of the pandemic.
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12.19.2019The Race to 5G Faces Headwinds Entering 2020UpdatesThe U.S. government and industry face pressure to compete with China, the EU, and others in the race to implement the next great advance in wireless network technology known as 5G.
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10.10.2019D.C. Circuit Vacates FCC’s Federal Preemption of State Net Neutrality Regulations as It Upholds Repeal of FCC RulesUpdatesThe U.S. Court of Appeals for the District of Columbia Circuit added a new chapter in the ongoing saga over how and whether to regulate providers of broadband internet access service when, on October 1, 2019, it largely upheld the Federal Communication Commission’s repeal in 2018 of net neutrality rules, but vacated its effort to preempt state regulation of the same and remanded several other issues without vacatur.
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10.08.2019U.S. Supreme Court Rejects Domino’s Petition Seeking Clarity on Web Accessibility Under the ADAUpdatesOn October 7, 2019, the U.S. Supreme Court denied a petition filed by Domino’s Pizza asking the Court to decide whether Title III of the Americans with Disabilities Act (ADA) applies to websites and mobile apps.
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09.03.2019China’s New Draft Encryption LawUpdatesThe Standing Committee of the National People’s Congress released the Encryption Law of the People’s Republic of China (Draft) for public comment on July 5, 2019 (the “2019 Draft”).
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08.14.2019D.C. Circuit Delivers Setback to FCC’s 5G Network Deployment EffortsUpdatesIn a recent decision, the U.S. Court of Appeals for the D.C. Circuit struck down key portions of a 2018 order by the Federal Communications Commission that would have exempted certain small wireless facilities from environmental and historic preservation review.
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08.14.2019New Rule Prohibits U.S. Government Agencies From Acquiring Telecommunications Equipment or Services From Huawei, ZTE, Certain Other Chinese CompaniesUpdatesIn an interim rule published on August 13, 2019, the U.S. government revised the Federal Acquisition Regulation (FAR) to prohibit federal agencies from acquiring telecommunications equipment or services produced or provided by Huawei Technologies Company, ZTE Corporation and other Chinese companies.
This update was republished in Law360 on 09.10.2019, "Adapting To Gov't Contractor Rules Banning Chinese Telecom." -
06.24.2019FCC Continues Uphill Battle Against Unwanted RobocallsUpdatesThe Federal Communications Commission recently adopted new measures to combat unwanted robocalls in a unanimous Declaratory Ruling and Further Notice of Proposed Rulemaking.
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06.24.2019Supreme Court Opens New Line of Attack on Federal Agency Interpretations of Federal LawUpdatesIn a recent decision, the U.S. Supreme Court held that a federal district court was not necessarily bound by the Federal Communications Commission’s prior interpretation of a federal statute over which the agency has authority to implement and enforce.
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03.26.2019New Accessibility Requirements in Effect for Video Game SoftwareUpdatesAs of January 1, 2019, video game developers and publishers are now subject to certain accessibility requirements under the Twenty-First Century Communications and Video Accessibility Act (CVAA) that apply to manufacturers and providers of advanced communications services (ACS).
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01.18.2019Ninth Circuit Rules That Lack of Web Accessibility Regulations Does Not Bar ADA SuitsUpdatesThe U.S. Court of Appeals for the Ninth Circuit issued a decision on January 15, 2019 in a closely followed web accessibility case, Robles v. Domino’s Pizza, LLC, reaffirming Ninth Circuit precedent holding that companies whose online activities share a nexus with physical places of public accommodation may be held liable under the Americans with Disabilities Act for failing to make their websites and apps accessible to persons with disabilities.
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Updated 01.22.2019How the Government Shutdown Affects FCC OperationsUpdatesAs of January 3, 2019, the Federal Communications Commission (FCC) has suspended most of its operations for the duration of the government shutdown due to the agency’s exhaustion of available funds. This alert summarizes how and the extent to which the shutdown affects FCC operations, based on the FCC’s plan for orderly shutdown released on December 18, 2018 and Public Notice released on January 2, 2019.
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07.23.2018FCC Streamlines Its Rules for Formal Complaint ProceedingsUpdatesIn an effort to reform and streamline its formal complaint procedures, the Federal Communications Commission has issued a new uniform set of procedural rules.
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06.13.2018FCC Expands Spectrum Available for 5G Wireless DeploymentUpdatesThe Federal Communications Commission (FCC) recently adopted a number of orders and proposed rules affecting the availability and use of millimeter-wave spectrum for advanced fifth generation (5G) wireless networks.
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04.16.2018FCC Reduces Regulatory Barriers to 5G Wireless DeploymentUpdatesThe Federal Communications Commission recently adopted an order containing sweeping regulatory changes to speed the deployment of advanced wireless services to provide connectivity for innovative Internet of Things, augmented reality, unmanned vehicles, and artificial intelligence-driven devices, services, and systems.
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04.12.20186 Ways to Improve Your Incident Response Plan for GDPRUpdatesThe General Data Protection Regulation (GDPR), which is effective May 25, 2018, requires notification to European regulators within 72 hours of the discovery of many types of data breaches. This deadline requires speed and organization that no other jurisdiction currently requires, especially in the United States. Organizations that hold personal data of EU residents and do not have an incident response plan should promptly develop one so they can comply with the GDPR’s requirements.
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03.23.2018FEC Releases NPRM for Disclaimers on Internet CommunicationsUpdatesThe Federal Election Commission took a step last week toward clarifying the “paid for by” and other disclaimer requirements that apply to political advertisements that appear on digital media.
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03.19.2018Critical Takeaways From the D.C. Circuit’s Long-Awaited Robocall RulingUpdatesLast Friday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-awaited decision in ACA International v. Federal Communications Commission, No. 15-1211 (D.C. Cir. Mar. 16, 2018).
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01.23.2018USDOT Seeks Comment on Removing Regulatory Barriers to Autonomous VehiclesUpdatesLast week, three U.S. Department of Transportation agencies issued requests for comment on ways to update federal regulations and policies to allow for the safe testing and deployment of autonomous vehicles.
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12.20.2017Reporting Requirement Alone Survives Net Neutrality RepealArticles
Law360
In a sweeping deregulatory measure, the Federal Communications Commission (FCC) recently adopted a final order to repeal most of the net neutrality rules, known as the “Restoring Internet Freedom order” -
11.28.2017FCC to Repeal Net NeutralityUpdatesOn the eve of Thanksgiving, the FCC released a draft order to repeal its own net neutrality rules.
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09.26.2017Automated Vehicles: Do New Act and Policy Clarify the Regulatory Future?UpdatesThe Trump administration took its first major step to facilitate the deployment of automated vehicles with the Department of Transportation’s release of “Automated Driving Systems 2.0: A Vision for Safety,” an update to the 2016 Federal Automated Vehicle Policy.
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09.11.201722 Million Comments Tell FCC Battle Over Net Neutrality Is Not OverUpdatesLast year, the contentious net neutrality debate appeared to be finally settled when the U.S. Court of Appeals for the District of Columbia Circuit affirmed the FCC’s 2015 Open Internet Order.
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07.28.2017FCC Proposes Rules to Fight Fraudulent RobocallingUpdatesUnsolicited robocalls are the top consumer complaint made to the Federal Communications Commission, which receives over 200,000 complaints a year.
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07.20.2017House Panel Approves Groundbreaking Federal Autonomous Vehicle Legislation DraftUpdatesThe House Subcommittee on Digital Commerce and Consumer Protection reached bipartisan agreement on July 19, 2017, regarding major aspects of legislation to address the testing and deployment of autonomous vehicles.
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05.18.2017FCC Launches Proceeding to Rollback Net NeutralityUpdatesSince we published our previous update, the FCC has adopted a Notice of Proposed Rulemaking to begin the process of rolling back the rules and regulatory framework for net neutrality.
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04.04.2017Congress Overturns FCC’s Broadband Privacy Order [Updated]UpdatesNew development: President Trump signed the Congressional Review Act (CRA) resolution of disapproval on April 3, 2017.
This update was republished in Cyberspace Lawyer. -
03.03.2017FCC Stay of Broadband Privacy Rules Foreshadows Deregulatory MeasuresUpdatesAs anticipated, the Republican members of the Federal Communications Commission are taking steps to pare down the 2016 Broadband Privacy Order now that they are in the majority.
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02.06.2017FCC Begins Roll Back of Net NeutralityUpdatesRoughly two weeks since President Donald Trump’s inauguration, the new Chairman of the Federal Communications Commission, Ajit Pai, has taken steps providing further evidence that he plans to roll back FCC actions taken under former Chairman Tom Wheeler, including net neutrality and broadband privacy.
This update was republished in Law360 on 02.13.2017, "The Future Of Net Neutrality Under The New FCC." -
11.30.2016What to Expect From the Trump FCCUpdatesIn the days since the recent election, many tech, media and telecom industry observers remain unsure of what to expect from the Federal Communications Commission under the Trump administration.
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11.14.2016FCC’s Broadband Privacy Order: Dead on Arrival?UpdatesThe Federal Communications Commission recently released an order containing new privacy protections for customers of broadband internet access service (BIAS) providers, which was adopted by a 3-2 vote along partisan lines.
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09.08.2016New FCC and Administration Initiatives Adopted to Support the Internet of ThingsUpdatesThe Federal Communications Commission and the Obama administration recently adopted several important initiatives to facilitate innovation in and rapid deployment of the nascent Internet of Things (IoT).
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09.07.2016Ninth Circuit Strips FTC of ‘Activities-Based’ Jurisdiction over Common CarriersUpdatesThe FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion.
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06.28.2016FCC Proposes Streamlining Foreign-Ownership Review ProcessUpdatesFor two decades, the Federal Communications Commission (FCC) has relied on an inter-agency consulting process to evaluate matters before it that potentially raise issues of national security, foreign policy and trade policy.
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06.20.2016Six Key Consequences of the D.C. Circuit Upholding Net NeutralityUpdatesOn its third try, the Federal Communications Commission finally got the sweeping net neutrality court victory it had been seeking for years.
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04.05.2016What Net Neutrality Wrought: The FCC’s Proposed Broadband Privacy RulesUpdatesAs previously promised in last year’s Open Internet Order, the Federal Communications Commission (FCC or the Commission) has released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposed privacy requirements for broadband internet access service providers.
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07.17.2015The July 2015 TCPA Omnibus Declaratory Ruling and Order: The Good, the Bad, and the UglyUpdatesIn last Friday’s long-awaited TCPA Omnibus Declaratory Ruling and Order (Order), the Federal Communications Commission (FCC or Commission) may have dramatically altered the landscape for TCPA class action defense.
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06.22.2015FCC’s $100M AT&T Penalty Based on Net Neutrality Transparency RuleUpdatesLast week, an FCC divided on partisan lines adopted a Notice of Apparent Liability for Forfeiture and Order (the NAL) against AT&T with an unprecedented proposed penalty of $100 million as well as numerous other compliance obligations, marking the first time the agency has enforced its net neutrality transparency rule.
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05.05.2015Consumer Privacy and Broadband: The Debate BeginsUpdatesPrivacy and data security are high priorities of the Federal Communications Commission (FCC) under the leadership of Chairman Tom Wheeler. In addition to significant enforcement actions against AT&T and TerraCom/YourTel that take a page out of the playbook of the Federal Trade Commission (FTC), the FCC’s recent Open Internet Order for the first time imposes the privacy obligations of Section 222 of the Communications Act of 1934, as amended (the Act) on broadband Internet service providers.
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06.04.2014FCC Considers Net Neutrality Rules, Could Impact Video Game IndustryUpdates“Net neutrality” has become one of the most hotly debated issues before lawmakers and regulators in Washington this year.
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06.02.2014Supreme Court Reverses En Banc Federal Circuit on Divided Patent InfringementUpdatesOn June 2, 2014, in Limelight Networks, Inc., v. Akamai Technologies, Inc. the U.S. Supreme Court unanimously reversed the en banc Federal Circuit and held that a defendant cannot be liable for inducing patent infringement under 35 U.S.C. § 271(b) unless another entity has directly infringed under 35 U.S.C. § 271(a).
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06.12.2012Expansive New Washington State Law Threatening On-line Service Providers With Criminal Liability Enacted, Now EnjoinedUpdatesEarlier 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.
Presentations
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06.07.2023Demystifying Washington State’s My Health, My Data ActWebinarsThe recently enacted My Health, My Data Act (MHMD) will regulate the collection, use, sharing, analysis, and sale of health-related data of individuals in Washington state and beyond.
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02.25.2021
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02.17.2021An Overview of Social Media Law and Best Practices: What Every Company Needs to KnowSpeaking Engagements
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02.17.2021Privacy Law Considerations for Social Media and Mobile AppsSpeaking Engagements
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09.12.2018Are You Sure You’re Ready? IoT Product Launches – Legal/Regulatory ConsiderationsSpeaking Engagements
Mobile World Congress / Los Angeles, CA
Presenters: Marc Martin and Charlyn Ho