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|Third Time's a Charm for Net Neutrality: D.C. Circuit Upholds FCC's Reclassification of Broadband|
Michael B. Hazzard, Bruce A. Olcott, Preston N. Thomas; Jones Day;
June 23, 2016, previously published on June 2016After seven years and three tries, the Federal Communications Commission ("FCC") appears to have found the winning combination for a defensible net neutrality policy. In a sweeping 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit upheld the 2015 "Open Internet...
|It’s Back for Spring 2016: The Annual Verizon Data Breach Investigations Report|
Margaret H. Loveman; Butler Snow LLP;
June 20, 2016, previously published on May 31, 2016Last year around this time we examined the results of Verizon’s annual Data Breach Investigations Report (DBIR). As in year’s past, Verizon analyzed the data it received from companies across the country about security incidents and data breaches the companies experienced. In total,...
|Communication Within Your Association|
Ursula Koenig Burgess; Rees Broome, PC;
March 30, 2016, previously published on February 2016One of the biggest complaints that we hear from unhappy residents is a lack of communication. While the complaint is most often aimed at the board and a belief that the board is not providing information, we also hear complaints that there is no appropriate method of communication established for...
|UK Telecoms Regulator Falls Short of Proposing BT Breakup, but Introduces New Regulatory Framework Promoting Network Competition|
Francesco Liberatore; Jones Day;
March 22, 2016, previously published on February 2016Ofcom, the UK's communications regulator, has published the initial conclusions of its Strategic Review of Digital Communications consultation (which we discussed in a prior alert on this consultation . The most contentious issue raised by this review is whether to separate Britain's incumbent...
|Customers of Wireless Communications Provider Telus to Receive Rebates as Part of Competition Bureau Agreement|
Andrea C. Kroetch; Smart & Biggar/Fetherstonhaugh;
March 21, 2016, previously published on March 21, 2016On December 30th, 2015, the Canadian Competition Bureau, which is responsible for administration and enforcement of the Competition Act, announced that Telus Communications Inc. (“Telus”), one of Canada’s “Big Three” wireless carriers, had entered into a consent...
|Verizon Settles Supercookie Probe with FCC|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
March 21, 2016, previously published on March 10, 2016Verizon Wireless has reached a settlement with the Federal Communications Commission over Verizon’s insertion of unique identifier headers (“UIDH”), also known as “supercookies,” to track customers’ mobile Internet traffic without their knowledge or consent....
|Dial “C” for Confusion: Courts Split on TCPA Definition of Autodialer|
Thomas M. Byrne, Juan C. Garcia, Phillip E. Stano, Rocco E. Testani, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
March 15, 2016, previously published on March 15, 2016Notwithstanding so-called “guidance” from the Federal Communications Commission (FCC) in its July 2015 Order, the definition of “automatic telephone dialing system” (ATDS or autodialer) continues to be a disputed issue. This issue perpetuates the uncertainty over the scope...
|The Legal Implications of Cell Phone Use While Driving|
Melissa Crowley; Cole, Scott & Kissane, P.A.;
February 17, 2016, previously published on February 11, 2016As the prevalence of sending emails, texting, posting on social networks, and making calls from smartphones while driving has increased, the legal implications for doing so has increased as well. One government study found that more than two-thirds of adult drivers in the United States reported...
|Warrant Issued for Malware under Canada's Anti-Spam Law|
Bradley J. Freedman; Borden Ladner Gervais LLP;
February 16, 2016, previously published on January 29, 2016The Canadian Radio-television and Telecommunications Commission ("CRTC") has executed a warrant under Canada's anti-spam law (commonly known as "CASL") to investigate the installation of malware and the alteration of transmission data.
|OLG Hamburg: Advertising with Lowest Price Guarantee Potentially Anti-Competitive|
Michael Rainer; GRP Rainer LLP;
February 11, 2016, previously published on February 10, 2016According to a ruling of the Oberlandesgericht Hamburg (Higher Regional Court of Hamburg), advertising with a lowest price guarantee is potentially misleading and thus anti-competitive (Az.: 5 U 160/11).