Rafael Reyneri

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Supreme Court to Hear Case Regarding Deference to Federal Agencies on Statutory Interpretation

Yesterday, the Supreme Court granted certiorari in Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC, No. 17-1705.  The case began when Carlton & Harris sued PDR Network for alleged violations of the commercial fax provisions of the Telephone Consumer Protection Act (“TCPA”).  The Fourth Circuit ruled in Carlton & Harris’s favor, relying on an interpretation … Continue Reading

FCC Seeks Comment on Ninth Circuit’s Expansive TCPA Interpretation in Marks

Yesterday, the FCC released a Public Notice seeking comment on a recent decision issued by the U.S. Court of Appeals for the Ninth Circuit in Marks v. Crunch San Diego, LLC, No. 14-56834 (Sept. 20, 2018).  The Public Notice, issued in the context of the FCC’s Telephone Consumer Protection Act (TCPA) reform proceeding, seeks comment … Continue Reading

NTIA Requests Comments Regarding Federal Approach to Consumer Privacy

Last week, the National Telecommunications and Information Administration (NTIA) published a request for comments on how it should approach consumer privacy policy.  NTIA noted that federal action is needed because a growing number of countries and U.S. states have adopted distinct policy approaches with respect to consumer privacy, which risks a fragmented regulatory regime that … Continue Reading

U.S. Wireless Industry Establishes IoT Security Certification Program

CTIA, the U.S. wireless industry’s trade association, recently announced the creation of a cybersecurity certification program for Internet of Things (IoT) devices that connect to the internet via LTE or Wi-Fi.  The program permits device makers to submit such IoT devices for testing by CTIA-authorized labs in order to obtain a certification of compliance with … Continue Reading

Eleventh Circuit LabMD Decision Potentially Limits FTC’s Remedial Powers

The Eleventh Circuit has issued its decision in LabMD v. FTC, a closely watched case in which LabMD challenged the Federal Trade Commission’s authority to regulate the data security practices of private companies. The Court of Appeals declined to decide that issue, instead finding that the FTC’s order requiring LabMD to implement certain data security … Continue Reading

NTIA Requests Comments Regarding International Internet Policy

Earlier this week, the National Telecommunications and Information Administration (NTIA), the executive branch agency responsible for telecommunications and information policy, released a Notice of Inquiry requesting that any interested party—including the private sector, technical experts, academics, and civil society—help the agency determine its international internet policy priorities. In particular, NTIA is seeking comments and recommendations … Continue Reading
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