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Documents on communications law
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|AHA Sues over Delays in Appeals Process|
Leslie J. Levinson, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
May 30, 2014, previously published on May 2014On May 22, 2014, the American Hospital Association (AHA) and three member hospitals filed a lawsuit against Secretary Kathleen Sebelius, in her capacity as the Secretary of the U.S. Department of Health and Human Services (HHS), in the U.S. District Court for the District of Columbia to compel HHS...
|Deadline Looms for Canada’s Anti-Spam Law - But There’s Still (Barely) Time to Comply|
McCarthy Tetrault LLP;
May 29, 2014, previously published on May 22, 2014In less than six weeks, the e-communications landscape in Canada will undergo a seismic shift. On July 1, 2014, Canada’s anti-spam law (CASL) comes into force. Many businesses have assumed, incorrectly, that it simply won’t apply to them, or that their existing practices are just fine;...
|California Attorney General Issues Recommendations on Developing Privacy Policies|
Ronald W. Del Sesto, Courtney E. Smith; Bingham McCutchen LLP;
May 29, 2014, previously published on May 27, 2014On May 21, 2014, California Attorney General Kamala D. Harris issued recommendations regarding recent revisions to the California Online Privacy Protection Act (“CalOPPA”). CalOPPA requires an operator of a website or online service that collects personally identifiable information from...
|EU Court of Justice Clarifies Responsibilities of Internet Search Engines Regarding So-Called "Right to be Forgotten"|
Paloma Bru; Jones Day;
May 28, 2014, previously published on May 2014On May 13, 2014, the Court of Justice of the European Union ("CoJ" or "Court") adopted a judgment that resolves several questions about the interpretation of the EU Data Protection Law (Directive 95/46/EC) in relation to the activity of internet search engines.
|A Three-Year Extension to Respond to an Access Request: Unreviewable by the Federal Court?|
Yannick Landry; Davis LLP / Davis SENCRL/SRL;
May 27, 2014, previously published on May 22, 2014A recent Federal Court decision regarding the Access to Information Act (the “Act”) addresses the question whether the courts have jurisdiction in assessing timely responses to a records request. This bulletin outlines the decision and gives a brief overview of access request time...
|European Court of Justice Decision: Data Retention Directive Ruled Invalid|
Sanne Mulder, Radboud Ribbert; Greenberg Traurig, LLP;
May 26, 2014, previously published on May 23, 2014On April 8, 2014, the European Court of Justice (ECJ) in the joined cases C-293/12 and C-594/12 ruled that the directive on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks...
|Once More Unto the Breach: the FCC Calls for Comments on Revamping Net Neutrality Regulations|
Douglas A. "Drew" Svor, Brian D. Weimer, Paul A. Werner; Sheppard, Mullin, Richter & Hampton LLP;
May 26, 2014, previously published on May 16, 2014Following the D.C. Circuit’s decision in Verizon v. FCC, which struck down several key elements of the Federal Communication Commission’s 2010 Open Internet Order, the Commission yesterday released a Notice of Proposed Rulemaking (NPRM) that initiated a renewed effort to foster and...
|House Panel Advances STELA Reauthorization with Retransmission Consent Reform and Integration Ban Repeal Provisions|
Seth A. Davidson, Arthur H. Harding, Ari Z. Moskowitz; Edwards Wildman Palmer LLP;
May 23, 2014, previously published on May 13, 2014On Thursday, May 8, 2014, the House Energy and Commerce Committee approved the “STELA Reauthorization Act of 2014” - legislation that would extend certain expiring Communications Act provisions relating to retransmission consent, including the requirement that retransmission consent...
|FCC Seeks Comment on Proposed Net Neutrality Rules and Title II Reclassification|
Seth A. Davidson, Lawrence R. Freedman, Craig A. Gilley, Arthur H. Harding; Edwards Wildman Palmer LLP;
May 23, 2014, previously published on May 21, 2014On May 15, the FCC released a Notice of Proposed Rulemaking (“NPRM”) aimed at adopting new Net Neutrality rules to replace those struck down by the D.C. Circuit in January. The NPRM proposes to enhance the Transparency rule that the court left in place, readopt the No-Blocking rule that...
|Google Forced to Forget, Following European Court of Justice Decision|
Jane Elphick, Jonny McDonald, Sarah Pearce; Edwards Wildman Palmer LLP;
May 23, 2014, previously published on May 20, 2014For the first time The Court of Justice of the European Union (the “CJEU”) applies the right to be forgotten to a non-EU based internet search engine entity. However, its grounds for doing so raise issues to be considered by all. The CJEU judgment (the “Judgment”) in Google...