In a ruling with implications for both net neutrality and privacy, the Ninth Circuit ruled en banc today that the common carrier exemption in Section 5 of the FTC Act is activity-based, reversing a 2016 panel ruling that the exemption was status-based. Today’s decision bolsters the FTC’s authority to bring consumer protection (including privacy) and … Continue Reading
FCC Chairman Ajit Pai announced today that at its December 14 open meeting, the FCC will vote on an overhaul of the net neutrality framework adopted by the prior Administration in 2015. The full text of the draft order will be released tomorrow, but Chairman Pai has made certain key details known today. The order … Continue Reading
The FCC has released the Notice of Proposed Rulemaking (“NPRM”) on “Restoring Internet Freedom” that was adopted by a 2-1 vote at the Commission’s open meeting on May 18. The NPRM is substantively very similar to the draft released by Chairman Pai on April 27, and the comment deadlines remain the same: July 17 for … Continue Reading
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 an “information service” under the Communications … Continue Reading
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
A federal judge in the Northern District of California recently certified his denial of AT&T’s Motion to Dismiss the Federal Trade Commission’s (FTC’s) complaint alleging that AT&T misled consumers by limiting its “unlimited” data plan for mobile customers. This means that AT&T will now be able to appeal that decision to the Ninth Circuit.… Continue Reading
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
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
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
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
Yesterday, the Federal Trade Commission (FTC) filed a complaint against AT&T alleging that the company misled consumers by limiting its “unlimited” data plan for mobile customers. The FTC’s two-count complaint, which was filed in the U.S. District Court for the Northern District of California, alleges that AT&T violated Section 5 of the FTC Act, which … Continue Reading
By Philippe Bradley and Dan Cooper On April 23rd, 2014 Brazil’s president signed into law a wide-ranging civil rights bill for Internet users and service providers (the “Marco Civil da Internet”, or “Marco Civil”). The law had been in the works since 2009; it was made a priority by the Brazilian government in the wake … Continue Reading
A federal appeals court struck down key parts of the Federal Communications Commission’s Open Internet Order in a Jan. 14 decision, ruling that the FCC’s “net neutrality” rules improperly regulate broadband providers like “common carriers” — such as providers of traditional telephone service — even though the FCC has classified broadband providers as not subject … Continue Reading
On 24 November 2011, the EU Court of Justice decided that ISPs cannot be forced to filter Internet traffic to fight intellectual property violations. In 2007, the Brussels Court of First Instance obliged the ISP Scarlet to filter all internet traffic and to block traffic involving violations of intellectual property rights, in particular in … Continue Reading
