Tag Archives: FCC

FCC Chairman Pai Proposes New Regulatory Framework for Broadband ISPs, Seeks Comment on Net Neutrality Rules

By Matt DelNero and David Bender In a widely anticipated step, FCC Chairman Ajit Pai has released a draft Notice of Proposed Rulemaking (“NPRM”) on the legal framework that governs broadband providers and related net neutrality questions. Most notably from a privacy perspective, the draft NPRM proposes to find that broadband Internet access service is … Continue Reading

Advocacy Groups Urge FCC to End Data Retention Mandate

On April 24th, the Electronic Privacy Information Center (“EPIC”) and a coalition of 37 other civil society groups sent a letter urging the Federal Communications Commission (“FCC”) to act on an August 2015 petition to repeal the FCC’s data retention mandate under 47 C.F.R. §42.6 (“Retention of Telephone Toll Records”). The mandate requires communications carriers … Continue Reading

Senators Reintroduce Cybersecurity Legislation for Cars and Planes

Senators Ed Markey (D-MA) and Richard Blumenthal (D-CT) reintroduced a pair of bills today relating to the cybersecurity of cars and aircraft, which would impose affirmative security, disclosure, and consent requirements on manufacturers and air carriers.  The Security and Privacy in Your Car (“SPY Car”) Act and Cybersecurity Standards for Aircraft to Improve Resilience (“Cyber … Continue Reading

House Democrats Propose Three Bills that Would Bolster FCC Influence over Cybersecurity

On March 2nd, Democratic members of the House Energy and Commerce Committee introduced three pieces of legislation that would expand the Federal Communications Commission’s (FCC) authority over the cybersecurity practices of communications network providers. The first bill, the “Securing IoT Act of 2017” (introduced by Rep. Jerry McNerney (D-CA)), would expand the FCC’s certification authority … Continue Reading

FCC Releases TCPA Enforcement Advisory Directed to Political Campaigns

Yesterday, the FCC released an Enforcement Advisory to remind political campaigns about their obligations under the Telephone Consumer Protection Act (“TCPA”).  The Advisory did not set forth any new rules for calls and texts; rather, it confirmed existing rules and reminded political campaigns that they are subject to them. The Advisory first confirmed that prerecorded … Continue Reading

Scope of Preemption in Proposed Data Security Legislation is Uncertain

According to a recent analysis by the Congressional Research Service (“CRS”), the extent of state law preemption in recent federal legislative proposals relating to data security is unclear.  Several bills introduced in the 114th Congress would impose federal data security or breach notification requirements on covered entities, similar to existing requirements in nearly every state. … Continue Reading

Ninth Circuit Hears FTC’s Throttling Case Against AT&T

Earlier this week, the Ninth Circuit heard oral argument in AT&T’s appeal of a lower court decision to not dismiss the Federal Trade Commission’s (FTC’s) complaint alleging that AT&T misled consumers by limiting its “unlimited” data plan for mobile customers. As we previously reported, in October 2014 the FTC filed a complaint alleging that AT&T … Continue Reading

FCC Says It Will Not Require Websites to Honor ‘Do Not Track’

Last Friday, the Federal Communications Commission (“FCC”) rejected a petition from consumer advocates asking the FCC to extend its Open Internet Order by requiring edge providers such as Facebook and Amazon to follow the privacy regulations of Section 222 and to require those edge providers to honor “Do Not Track” requests from consumers.  The FCC … Continue Reading

Cox Communications to Pay $595,000 in Data Breach Settlement

By Hannah Lepow Yesterday the FCC announced that it has entered into a $595,000 settlement agreement with Cox Communications to resolve an investigation into whether the company failed to protect its customers’ personal information when it suffered a data breach in 2014.  This is the first privacy  and data security enforcement action the FCC Enforcement … Continue Reading

Following TCPA Omnibus Order, Court Reaffirms Prior Ruling in Dismissing TCPA Text Message Lawsuit Against AOL

In one of the first decisions evaluating Telephone Consumer Protection Act (TCPA) claims under the FCC’s recent omnibus TCPA order, the Northern District of California dismissed a putative class action lawsuit alleging that AOL violated the TCPA when users of its Instant Messenger service (AIM) sent text messages to incorrect recipients.  After the court dismissed … Continue Reading

Ten Key Takeaways From Last Week’s TCPA Order

Last week, the Federal Communications Commission (FCC) released the text of its long-awaited order addressing certain aspects of the Telephone Consumer Protection Act (TCPA) and related FCC rules.  The order addressed a total of 21 petitions seeking “clarification or other actions” regarding the TCPA, principally in connection with automated calls and text messages. Although the … Continue Reading

Carriers Agree to $3.5 Million FCC Fine For Alleged Privacy Violations

In a consent decree adopted yesterday by the Federal Communications Commission, two telecommunications carriers — TerraCom, Inc., and YourTel America, Inc. — agreed to pay a $3.5 million civil penalty and adhere to a three-year compliance program to settle allegations that the carriers violated the federal Communications Act by failing to adequately protect “proprietary information” … Continue Reading

FCC Ruling Tightens TCPA Restrictions; Dissenters Warn of Increased Class-Action Abuse

In an order adopted at Thursday’s Open Meeting, the Federal Communications Commission acted on 23 petitions or other requests for clarification regarding the application of the Telephone Consumer Protection Act, a federal law that restricts telemarketing  and certain other types of calls.  The FCC has issued a news release describing yesterday’s order as an effort to … Continue Reading

FCC’s Agenda for April 28th Broadband Consumer Privacy Public Workshop

The FCC has announced its agenda and panelists for its public workshop on protecting the privacy of consumers who use broadband Internet access services, which will be held on April 28. FCC Chairman Tom Wheeler will give opening remarks and Matt Blaze, Associate Professor of Computer and Information Science at the University of Pennsylvania, will … Continue Reading

AT&T Court Narrowly Interprets FTC Common Carrier Exception and Permits Throttling Case To Go Forward, Addresses Net Neutrality Issue

As we previously reported, in January AT&T filed a Motion to Dismiss the Federal Trade Commission’s (FTC’s) complaint alleging that AT&T engaged in unfair and deceptive conduct in violation of Section 5 of the FTC Act when it “throttled” mobile broadband subscribers who were “grandfathered” into the company’s unlimited mobile data plan.  AT&T moved to … Continue Reading

FCC to Hold Workshop On Broadband Privacy

The Federal Communications Commission will hold a workshop on April 28 to explore its role in protecting the privacy of broadband Internet access users. The Commission’s recent net neutrality order applied certain privacy requirements to broadband access providers, including Section 222 of the Communications Act.  That statute requires telecommunications carriers to protect the confidentiality of … Continue Reading

FCC Chairman Speaks at Industry Event for First Time Since Net Neutrality Vote

Following Mark Zuckerberg’s opening keynote at Mobile World Congress on Monday, Federal Communications Commission (“FCC”) Chairman Tom Wheeler took the stage yesterday.  As Wheeler’s first public appearance at an industry event since the FCC’s landmark vote last week to enforce net neutrality, the keynote was expected to be closely followed by global counterparts, and InsidePrivacy … Continue Reading

AT&T: FTC Lacks Jurisdiction Even Under “Activity-Based” Interpretation of the Common Carrier Exemption

Last week AT&T filed a Reply in support of its Motion to Dismiss challenging the Federal Trade Commission’s (FTC’s) attempt to exercise jurisdiction over the company pursuant to Section 5 of the FTC Act. As we previously reported, the FTC filed a complaint against AT&T alleging that the company misled consumers by reducing the data … Continue Reading

FTC Says Common Carrier Exemption to Section 5 Jurisdiction is Activity-Based, Not Status-Based

Last week the Federal Trade Commission (FTC) opposed a Motion to Dismiss filed by AT&T that challenged the FTC’s attempt to exercise jurisdiction over the company in connection with certain of its mobile broadband service activities. As we previously reported, the FTC filed a complaint against AT&T in late 2014 alleging that AT&T engaged in … Continue Reading

Court Finds FTC Entitled to Partial Summary Judgment Against Dish Network for Telemarketing Violations

Last month a federal court found Dish Network liable for calls that were alleged by the Federal Trade Commission (“FTC”) to violate various provisions of the FTC’s Telemarketing Sales Rule (“TSR”).  Specifically, the FTC’s 2009 complaint asserted that Dish Network initiated, or caused a telemarketer to initiate, calls to numbers on the National Do Not … Continue Reading

AT&T Challenges FTC Jurisdiction Over Non-Common Carrier Activities of Common Carriers

As we previously reported, in October 2014 the Federal Trade Commission (FTC) filed a complaint against AT&T in federal court alleging that AT&T’s “throttling” practices for mobile broadband subscribers who were “grandfathered” into the company’s unlimited mobile data plan were unfair and deceptive in violation of Section 5 of the FTC Act.  On Monday, AT&T … Continue Reading
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