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Publications
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04.11.2024Net Neutrality Is Back, for NowUpdatesWith the recent circulation of the U.S. Federal Communications Commission’s draft version of its highly anticipated net neutrality order, Promoting a Fast, Open, and Fair Internet, Chairwoman Jessica Rosenworcel is making good on her promise to reinstate the net neutrality rules first adopted in 2015 during the Obama administration and repealed in 2017 during the Trump administration.
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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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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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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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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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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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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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11.2021COVID-19 as a Catalyst for Advancement of Digital IdentityLawyer PublicationsBy restricting and changing the shape of human interaction for over a year, the COVID-19 pandemic rapidly accelerated the digitalization of many services and, in doing so, reinvigorated efforts to establish a cross-contextual digital identity infrastructure.
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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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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.
