Potentially signaling the end of the short-lived stint by the Federal Communication Commission (“FCC”) to regulate consumer data privacy on the internet, the Trump Administration recently repealed Obama-era data privacy and security rules for broadband providers. The action, passed by Congress and signed by President Trump pursuant to the Congressional Review Act, completely rescinds the rules that would have gone into effect later this year. While the move has been welcomed by industry insiders, it leaves broadband providers in regulatory limbo as the Trump Administration seeks to determine which agency and what rules will oversee data protection in this sector going forward.The FCC’s Privacy Order and Its RepealIn November 2016, the FCC released comprehensive consumer privacy and data security rules (the “2016 Privacy Order”) for broadband internet access service (“BIAS”) providers.1 BIAS providers offer consumers … [Read more...] about Broadband Internet Service Providers In Regulatory Limbo After Repeal of FCC Privacy and Data Security Rules
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FCC Regulates Internet Services as Common Carrier Telecommunications Services
The Federal Communication's Commission voted 3-2 along party lines to promulgate new rules necessary to protect the “Open Internet.” At the core of the Commission’s action lies its decision to reclassify Internet services as a “telecommunications” instead of “information” services and regulate the services under Title II of the Communications Act of 1934. This reclassification, led by FCC Chairman Tom Wheeler, expands the FCC’s regulation of fixed wireline and mobile broadband Internet services as “common carriers.” This move is grounded in the notion that control of the Internet is too important not to be regulated, and it marks a dramatic reversal in the way Internet services have historically been regulated. The FCC has not yet released the Order, but the FCC’s statement, remarks made by the Commissioners, and the Fact Sheet distributed by the Chairman’s office on February 4th reveal … [Read more...] about FCC Regulates Internet Services as Common Carrier Telecommunications Services
Teenagers And D.C. Circuit Agree: Internet Service Is A Utility – Will Bankruptcy Courts Follow?
The topic of net neutrality has continued to be at the forefront of public discourse over recent years. This is the result of the FCC’s repeated attempts to impose regulations designed to protect consumers while at the same time telecom companies seek to control their product and the services they provide without what they contend is burdensome regulation. This summer, in U.S. Telecommunication Association v. FCC, the D.C. Circuit Court of Appeals dealt a blow to the telecom industry when it upheld a FCC declaration that broadband internet is a telecommunication service—essentially a public utility. Many speculate that this decision will have a broad impact (good and bad) on internet service providers in both the short and long term. A less considered aspect of the D.C. Circuit’s ruling is how it will be applied in the bankruptcy context.Section 366 of the Bankruptcy Code establishes safeguards for debtors when it comes to their use of … [Read more...] about Teenagers And D.C. Circuit Agree: Internet Service Is A Utility – Will Bankruptcy Courts Follow?
FCC Issues New Privacy Rules for Internet Service Providers: Safeguarding Consumers or Lulling Them Into A False Sense of Privacy?
On Oct. 27, in a vote split along party lines, the Federal Communications Commission (“FCC”) approved a new regulatory regime staking its claim to privacy regulation of both fixed and mobile Internet service providers (“ISPs”) like Comcast, Verizon, and AT&T. The FCC’s rules follow its decision in the Open Internet Order, released last year to classify broadband Internet access service as a common-carrier telecommunications service. The FCC’s new rules are intended to give consumers control over the ways in which ISPs use and share their customers’ private information. While the FCC has yet to release its Report and Order, the FCC’s Fact Sheet and statements by the commissioners indicate that the new privacy rules in many respects track the proposed rules the FCC put forward earlier this year, which seek to make the FCC the “toughest” privacy regulator in the Internet ecosystem by imposing on ISPs … [Read more...] about FCC Issues New Privacy Rules for Internet Service Providers: Safeguarding Consumers or Lulling Them Into A False Sense of Privacy?
FCC Issues New Privacy Rules for Internet Service Providers: Safeguarding Consumers or Lulling Them Into False Sense of Privacy?
Last Thursday, in a vote split along party lines, the Federal Communications Commission (“FCC”) approved a new regulatory regime staking its claim to privacy regulation of both fixed and mobile Internet service providers (“ISPs”) like Comcast, Verizon, and AT&T. The FCC’s rules follow its decision in the Open Internet Order, to classify broadband Internet access service as a common-carrier telecommunications service. The FCC’s new rules are intended to give consumers control over the ways in which ISPs use and share their customers’ private information. While the FCC has yet to release its Report and Order, the FCC’s Fact Sheet and statements by the commissioners indicate that the new privacy rules in many respects track the proposed rules the FCC put forward earlier this year, which seek to make the FCC the “toughest” privacy regulator in the Internet ecosystem by imposing on ISPs significantly more onerous … [Read more...] about FCC Issues New Privacy Rules for Internet Service Providers: Safeguarding Consumers or Lulling Them Into False Sense of Privacy?
