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Copyright Office Says Courts Have Construed DMCA Too Favorably for Online Providers

In its "first full analysis" of whether Section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is … achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright...more

Google's Data Collection Practices Face Scrutiny in Recent Lawsuit

Google has recently been named in three lawsuits that challenge how it collects users' personal information and whether users can opt out of the collection. Each of these cases raises important issues relating to notice and...more

Facebook BIPA Settlement Moving Forward

Facebook's efforts to settle the long-running class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA) are moving forward again after being delayed earlier this year....more

9th Circuit Upholds FCC's 2018 Small Cell, Local Moratoria, and One-Touch Make-Ready Orders

On August 12, 2020, a three-judge panel of the 9th Circuit in City of Portland v. FCC rejected multiple challenges to the Federal Communications Commission's (FCC) Small Cell, Local Moratoria, and OTMR orders in all but one...more

FCC's One-Touch Make-Ready Pole Attachment Rules Upheld; All But One Limitation on Local Authority to Regulate Wireless...

— Lone issue on 5G "aesthetics" in Small Cell Order remanded to FCC — Dissent limited to disagreeing with FCC's above-cost prohibitions on municipal fees in Small Cell Order - On August 12, 2020, a panel of the 9th Circuit in...more

OTMR Effective Date and 9th Circuit Briefing Schedule Announced

Update #3: On August 13, 2020, in an 82-page opinion, a panel of the 9th Circuit upheld 2-1 the challenged aspects of all three of the FCC's Small Cell, Local Moratoria and OTMR orders in all but one respect – the court...more

FCC Releases Final Text of Rules and Order Expediting Wireline and Wireless Attachments to Utility Poles (Updated)

Some Notable Changes Made to the "One Touch Make-Ready" Rules and Declaratory Ruling Prohibiting State and Local Moratoria on Wireline and Wireless Deployment - Note: This advisory has been updated to reflect that the ILEC...more

Courts Have Construed DMCA Too Favorably for Online Providers, Copyright Office Says

In its "first full analysis" of whether section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is… achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright...more

7th Circuit Rules Cable Systems May Use Existing Electric Utility Easements Over Landowner's Objection

Cable operators seeking access to existing utility easements on private property recently received some good news. ...more

3/12/2020  /  Easements , Energy Sector , Land Owners

“CLOUD”s On the Horizon – How Law Enforcement Electronic Data Requests Are Going Global

Companies storing or moving large quantities of digital information routinely receive subpoenas, court orders and warrants from United States law enforcement seeking subscriber information and related data and records....more

D.C. Circuit Upholds FCC Deregulation of Broadband Service But Opens Door to Possible State Regulation

On October 1, 2019, a divided panel of the D.C. Circuit issued a lengthy per curiam decision that largely upheld the Federal Communications Commission’s (FCC) Restoring Internet Freedom order, issued by the agency in early...more

Illinois Becomes First State to Regulate Employers’ Use of Artificial Intelligence to Evaluate Video Interviews

With so many questions surrounding artificial intelligence’s effect on the workplace and workforce, one wonders whether future Labor Day celebrations will take on new meaning. ...more

Google "Street View" Wiretap Allegations Settled for a "Modest" $13 Million

In 2007, Google began gathering photographs for its Google Maps “Street View” application featuring adjustable panoramic, street-level images tied to addresses searched in Google Maps. Google captured these photographs with...more

OTMR Effective Date and Ninth Circuit Briefing Schedule Announced

Friday, the FCC published the Office of Management and Budget’s approval of the one-touch make-ready (OTMR) rules in the Federal Register and set May 20, 2019 as the effective date for these rules....more

Ninth Circuit Assigns OTMR Petition

As DWT previously reported, in August, the FCC released its Third Report and Order and Declaratory Ruling (“August Order”) in its wireline and wireless infrastructure dockets (WC Docket No. 17-84 and WT Docket No. 17-79)...more

FCC Releases Final Text of Rules and Order Expediting Wireline and Wireless Attachments to Utility Poles

Some Notable Changes Made to the “One Touch Make-Ready” Rules and Declaratory Ruling Prohibiting State and Local Moratoria on Wireline and Wireless Deployment - Late Friday the FCC released the text of its Third Report and...more

FCC Proposes Two Items to Expedite Wireline and Wireless Attachments to Utility Poles

New “One Touch Make-Ready” Regime Proposed with Shortened Timeframes and Revised Terms for Completing Pole Attachment - Draft Declaratory Ruling Would Prohibit State and Local Moratoria on Wireline and Wireless Deployment...more

FCC Set To Publish OMB Information Collection Approval on May 11

Publication Would Making Internet Freedom Order Effective June 11 - The FCC provided that the Internet Freedom Order would become effective after publication in the Federal Register of OMB’s approval of the associated...more

5/10/2018  /  FCC , OMB , Open Internet Rules

Fourth Circuit Denies BMG request for Panel and En Banc Rehearing

The Fourth Circuit Tuesday denied BMG’s Petition for Rehearing by the panel and the full court. The panel’s opinion, issued February 1, reversed BMG’s $25 million contributory infringement verdict. ...more

FCC Publishes Internet Freedom Order – Clock Starts for Petitions and CRA

The FCC sent the Internet Freedom Order to the Federal Register for publication today which will start the clock running for seeking judicial review. Petitions filed in the 10-day window starting today will be eligible for...more

Jan 12th Update on FCC’s Internet Freedom Order

On December 14, 2017, the Commission voted 3-2 as expected along party lines to adopt the Internet Freedom Order that had been circulated as a draft on November 22, 2017. When effective, the new order will reverse the...more

FCC Votes to Adopt Internet Freedom Order

On December 14, 2017, the Commission voted 3-2 as expected along party lines to adopt the Internet Freedom Order that had been circulated as a draft on November 22, 2017. When effective, the new order will reverse the...more

FCC Reverses Course, Shifts ISP Customer Privacy Back to FTC

The wheel that is U.S. policy on “net neutrality” has taken another turn with the release of the FCC’s draft Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet Order (the “Title II...more

FCC Releases Text of Wireless and Wireline Infrastructure Orders

The Commission has released the final text of the Wireline R&O and Wireline FNPRM as well as the final text of Replacement Utility Poles R&O. The final text of the Replacement Utility Poles R&O, which was released the day...more

FCC Releases Draft Internet Freedom Order

The wheel that is U.S. policy on “net neutrality” has taken another turn. On November 22, 2017, the FCC released a draft of the Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet...more

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