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Category Archives: Privacy and Cybersecurity

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DWT Advisory: New Do-Not-Track Bills Target Online Behavioral Marketing and Mobile Apps

Posted in Privacy and Cybersecurity

Two new “do-not-track” privacy bills would impose new restraints on online tracking, behavioral marketing, and the use of mobile application and geolocation data. Rep. Markey introduced his discussion draft with his co-chairman of the House privacy caucus, Rep. Barton. Their “Do Not Track Kids Online” bill would build on the current Child Online Privacy Protection… Continue Reading

Do Not Track bill introduced in Senate; Follows earlier privacy bills introduced by Kerry and Stearns

Posted in Privacy and Cybersecurity

On Monday, Sen. Rockefeller introduced new legislation authorizing the FTC to enact regulations over the collection and use of personal information obtained by online tracking tools that track individual online activity.  The "Do Not Track" bill follows the recent FTC report on privacy  (which we discussed here) outlining a new framework for privacy protections and a… Continue Reading

DWT Advisory: An Advertising Perspective on the Kerry-McCain and Stearns-Matheson Privacy Bills

Posted in DWT Advisory, Privacy and Cybersecurity

By Paul Glist Last week, Sens. John Kerry and John McCain and Reps. Cliff Stearns and Jim Matheson offered new privacy bills. The Kerry-McCain Senate bill and the Stearns-Matheson House bill each seeks to apply a common set of fair information practices on virtually all businesses, online and offline, that collect information about consumers or… Continue Reading

DWT ADVISORY: FCC Releases Details on Net Neutrality Rules

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

 On Dec. 23, 2010, the Federal Communications Commission (FCC) released its Report and Order (R&O), and the text of the net neutrality rules it adopted on Dec. 21, 2010. The rules are summarized in our prior advisory, but the R&O contains many important details and nuances. (For the full text of the order, see Report and Order).   Transparency… Continue Reading

FCC Adopts Net Neutrality Rules; Relies on Title I Ancillary Jurisdiction

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

This morning at its monthly open meeting, the Federal Communications Commission adopted net neutrality rules which largely adopt existing Internet traffic and management practices, impose new non-discrimination and transparency rules, but leave room for specialized or managed services and usage based billing. The order is notable for basing jurisdiction mostly on Title I and ancillary… Continue Reading

Commerce Releases Privacy Report; Recommends Industry Self-Regulation and Creation of Privacy Policy Office

Posted in Privacy and Cybersecurity

On December 16, 2010, the Commerce Department released its own Privacy Report, suggesting a “revitalized” privacy framework that can protect consumer privacy, dynamic businesses and innovation, and promote better global data flow. Like the Federal Trade Commission’s counterpart Privacy Report of December 1, 2010, this “green paper” is a first step inviting comment, but it… Continue Reading

CALM Act Directs FCC to Regulate Loud Commercials

Posted in Privacy and Cybersecurity

Late yesterday (December 2, 2010), Congress adopted the CALM Act, directing the Federal Communications Commission to adopt regulations controlling the volume of commercials on television broadcast stations, cable systems, satellite, and other multichannel video programming providers. Once signed by the President, the Federal Communications Commission will be required to adopt rules within one year, to… Continue Reading

FTC Releases Privacy Report; Outlines New Framework for Privacy Protections and Do Not Track

Posted in Privacy and Cybersecurity

Earlier today the Federal Trade Commission released its long awaited Privacy Report. The Report proposes a "normative framework" for new privacy protections that would cover the use of personal and profiling information across all industries, on and offline, and recommends a "do not track" law to limit online behavioral advertising.  (Copy of the FTC’s Report is… Continue Reading

Notes on Chairman’s Open Internet Remarks – Rules Will Preserve Reasonable Network Management Practices; Distinguish Between Mobile and Fixed Broadband; No Reclassification of Broadband Services

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

Earlier today, Chairman Genachowski held a press conference to deliver his remarks on his proposed Open Internet rules, which are scheduled for vote at the FCC’s December 21 open meeting.  The Chairman prefaced his summary of the rules by noting that they are in principle rooted in policy statements of past "Republican" Chairmen Powell and… Continue Reading

FCC to Release Order on “Open Internet” Rules at December Meeting; Chairman To Discuss Issue Today at 10:30 am

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

Last night the FCC released its tentative agenda for its next open meeting to be held December 21.  Two items are scheduled for consideration, the first being an Order (not a rulemaking or inquiry) adopting Open Internet rules, also known as net neutrality.  The text summarizing the agenda item is as follows: Open Internet Order:… Continue Reading

FCC Seeks Comment On “Business Broadband Marketplace,” Signaling Potential Establishment of Competition Policies for Broadband Business Services

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

Today the FCC released a Public Notice seeking comments on what the FCC calls the “business broadband marketplace.”  While this comment cycle is not directly related to any current FCC proceeding (the docket number – WC Docket No. 10-188 – was only created yesterday), the magnitude of information sought hints at the establishment of future regulatory policies, if not… Continue Reading

Further Inquiry in Open Internet Proceeding Focused on Managed Services and Wireless Broadband Practices; Pole Attachment Proceeding Replies Extended to October 4; Tentative Agenda Set for September Open Meeting Released

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

This week the Federal Communications Commission issued three important items related to the National Broadband Plan, and broadband services generally.  On September 1, the Commission issued a Public Notice to initiate a Further Inquiry Into Two Under-Developed Issues In The Open Internet Proceeding (GN Docket No. 09-191, and WC Docket No. 07-52).  The original Open Internet NPRM (which we discussed at length… Continue Reading

Reclassification NOI Update – Comment Dates Already Set

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

This morning the Federal Communications Commission held its monthly open meeting, this time to discuss the Commission’s proposed reclassification efforts for broadband services.  In a three-to-two vote (Commissioners McDowell and Baker dissented), the Notice of Inquiry was adopted, and will seek comment on three ways to regulate broadband – under the Commission’s Title I ancillary authority; under… Continue Reading

NOI on Broadband Reclassification Scheduled for Release at June 17 Open Meeting

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

This is a reminder that the FCC will hold its next open meeting on Thursday, June 17.  As we noted earlier, and as confirmed by the Commission’s recent Meeting Agenda released this past Friday, this open meeting is expected to be quite entertaining, as it is dedicated to discussing a Notice of Inquiry to initiate… Continue Reading

FCC Agenda for June Open Meeting Dedicated to…Reclassification of Broadband Services

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

The FCC has released its tentative agenda for its June 17, 2010 open meeting.  Unlike recent agendas for April and May, this one is written such that the June meeting will be dedicated to one, and only one, issue – the reclassification of broadband access service as a telecommunications service.*  According to the agenda, the Commission intends to adopt… Continue Reading

Comment Dates Set for Cyber Security NOI and Broadband Network Survivability NOI

Posted in Privacy and Cybersecurity

This morning, two of the FCC’s Broadband Plan proceedings that were adopted at the April 21 open meeting were published in the Federal Register, thus starting the clock for comments and replies. The first item published is the Commission’s Notice of Inquiry regarding its proposed “Cyber Security Certification Program," which we discussed in detail last month. Comments… Continue Reading

Opinion on the FCC’s Third Way Regulation of the Internet

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, DWT Advisory, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

In publicizing his decision to reclassify broadband as a Title II telecommunications service, FCC Chairman Genachowski took some pains to try to reassure the investment community that he was not making any sudden moves that should discourage broadband investment. But despite his efforts to try to limit the impact of his move, he has crossed… Continue Reading

FCC Releases Statement to Regulate Internet Networks Under Limited Title II Authority

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

Following reports yesterday that Chairman Genachowski was now prepared to assert FCC jurisdiction over the Internet, the FCC released the Chairman’s statement proposing a "third way" to regulate the Internet.  As anticipated by earlier reports, the Chairman’s statement reveals that the FCC would not seek to impose Title II on Internet services in its entirety.  Rather,… Continue Reading

DWT ADVISORY: FCC Launches NOI on Voluntary Cybersecurity Certification Program

Posted in DWT Advisory, Privacy and Cybersecurity

By Ronnie London and Brian Nixon The Federal Communications Commission (FCC) released a Notice of Inquiry (NOI) on April 21, 2010, seeking public comment on the proposed creation of a voluntary cybersecurity certification program by which participating communications service providers would be certified—by the FCC or a third party, as determined by the FCC—as adhering to… Continue Reading

FCC Releases Commission Meeting Agenda for April 21 Open Meeting

Posted in E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Mobile Broadband, Navigation Devices, Privacy and Cybersecurity

The Commission has released its agenda for the April 21 open meeting (10:30 am, Room TW-C305).  The agenda mirrors the FCC’s earlier tentative agenda released on March 31.  According to the agenda, the Commission will consider six issues related to the Broadband Plan: (1) NOI and NPRM on USF reform, (2) Order on Reconsidation and FNPRM… Continue Reading

Webcast of Senate Commerce Committee Hearing on the Broadband Plan Now Available

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

In case you missed it, the Senate Commerce Committee’s hearing with Chairman Genchowski on the Broadband Plan is now available on the Commerce Committee’s website.  The FCC has also released the Chairman’s prepared statement for the hearing.

FCC Announces Schedule of Broadband Plan Proceedings for 2010 and Beyond

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

Although the DC Circuit’s recent decision in Comcast v. FCC has raised significant questions concerning the Commission’s jurisdiction over Internet access (read the DWT Advisory on the case), the Commission has moved forward with releasing a comprehensive schedule that proposes over 60 proceedings, workshops and other efforts to implement the recommendations in the Broadband Plan. The schedule anticipates the release of… Continue Reading

FCC Announces Plans to Launch Proceedings on USF, Network Gateway, CableCARD and others at April 21 Open Meeting

Posted in E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Mobile Broadband, Navigation Devices, Privacy and Cybersecurity

The FCC has released its tentative agenda for its next open meeting on April 21, 2010. The agenda identifies six potential items on the FCC’s plate related to the Broadband Plan. Specifically, the agenda indicates that the FCC plans to initiate the following proceedings at its April 21 meeting:             (1) USF Reform NPRM and NOI            … Continue Reading

Senate Commerce Committe Reschedules Broadband Plan Hearing for April 14, 2010

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

The U.S. Senate Committee on Commerce, Science, and Transportation has rescheduled its review of the National Broadband Plan to April 14, 2010.  This hearing was previously scheduled for Tuesday, March 23, 2010. Currently, Chairman Genachowski is the only witness scheduled to appear.  More meeting information is available on the Commerce Committee’s website