Tag Archives: FCC

The Reversal of Net Neutrality on Privacy 101

The Federal Communications Commission’s (FCC) potential reversal of the Obama Administration’s ‘Net Neutrality’ rules have been a constant headline lately. Most media coverage goes to the core principals of net neutrality, including blocking, throttling and pay for priority of internet content; however, privacy is also a factor. Primarily, the FCC issued broadband privacy rules in … Continue Reading

Anti-Drone Technology—a Billion Dollar Business?

While unmanned aerial systems (UAS or drones) are banned from flying over military bases, there isn’t much legally that the military can do to stop a drone intruder. However, if they were given the authority to stop these intruders, surely the market for anti-drone technology and tools would explode. Market research firm, Frost & Sullivan, … Continue Reading

Privacy Tip #87 – “Share with Care”

This week (May 8-12, 2017) is Privacy Awareness Week—an annual initiative of the Asia Pacific Privacy Authorities Forum (APPA) that concentrates on sharing information about privacy practices and rules. The APPA is an interesting group made up of privacy regulators from Australia, British Columbia, Canada, Colombia, Hong Kong, Japan, Korea, Macao, Mexico, New South Wales, … Continue Reading

Repeal of FCC Privacy Rules Sparks Concern in U.S. and Europe

The Federal Communications Commission (FCC) privacy rules required providers such as Comcast Corp. and AT&T Inc. to get subscribers’ permission before collecting and sharing their personal data. On April 4, 2017, President Donald Trump signed a congressional resolution rescinding those rules and sparking major concern both in the U.S. and Europe. Indeed, according to a … Continue Reading

FCC Broadband Privacy Regulations Rescinded; States Consider Adopting Measures

As was expected, President Trump signed into law the rescinding of the broadband privacy regulations adopted in 2016 by the Obama administration’s Federal Communications Commission (FCC). The now rescinded regulations would have required internet service providers (ISPs) to obtain consent from a customer before using or selling the customer’s Web browsing history, app usage history, … Continue Reading

Congress, FCC Weigh Measures to Repeal ISP Privacy Rules

Last October, the Federal Communications Commission (FCC) approved new privacy rules governing how Internet Service Providers (ISPs) are permitted to use and share its customers’ personal information. The rules have been fiercely contested by telecom companies that contend they are being unfairly held to more stringent regulations than so-called edge providers (Google, Facebook, etc.), which … Continue Reading

Top Ten Education Developments, Breaches, and Settlements of 2016

This year has been a busy year for education law in the area of data privacy. Educational institutions continue to be a rich target for hackers. Additionally, there were some important developments in the interpretation of Family Educational Rights and Privacy Act (FERPA) and the Telephone Consumer Protection Act (TCPA) as it applies to educational … Continue Reading

Privacy Tip #66 – False IRS Phone Scams Defraud Victims of More than $50 Million

We have previously warned consumers about IRS phone scams that defraud consumers. Basically, the fraudsters call unsuspecting victims over the telephone impersonating an IRS official, and intimidate the recipient of the call to believe that they have an outstanding tax liability and telling them that if they don’t pay up, they will be arrested and … Continue Reading

Broadband Providers Face New Regulations for Protection of Consumer Data

Last week, the Federal Communications Commission (FCC) released landmark protections for internet users, requiring permission from broadband subscribers before broadband providers can collect data on the subscribers’ web browsing, app use, location information or financial information. Broadband providers rely on subscriber data like this to create sophisticated, targeted advertising. Tom Wheeler, Chairman of the FCC, … Continue Reading

FCC Releases Proposal for New Privacy Rules Governing ISPs

In an October 6, 2016, blog post and accompanying fact sheet, FCC Chairman Tom Wheeler outlined his proposal for new privacy rules governing Internet Service Providers (ISPs) to be considered by the full Commission during its upcoming monthly meeting on October 27. Chairman Wheeler’s post detailed the scope of the issue – ISPs are collecting information … Continue Reading

FCC and Federal Debt Collectors, More Restrictions under TCPA

In July we wrote about the exemption for robocalls made by the federal government (or its contractors) from the restrictions of the Telephone Consumer Protection Act (TCPA). Now, the Federal Communications Commission (FCC) added another caveat to the TCPA, advising that while federally backed debt collection calls to consumers at risk of delinquency are exempt … Continue Reading

FCC Exempts Schools and Utilities from TCPA for Emergencies

On August 4, 2016, the Federal Communications Commission (FCC) issued a ruling applicable to schools and utilities regarding the application of the Telephone Consumer Protection Act (TCPA) to robocalls and text messages to wireless numbers in emergencies. The FCC ruling states that schools can make robocalls and sent automated texts to wireless phones without consent … Continue Reading

FCC Seeks Public Comment for Proposal to Issue Data Security Rules for Wireless Car Communication

The Federal Communications Commission issued a notice last week notifying the public that it is accepting comments on the Petition filed by Public Knowledge and the Open Technology Institute at New America, which requests a rule making process and emergency stay against car manufacturers from putting cars that can communicate with each other into the … Continue Reading

Federal government and their contractors immune from TCPA restrictions

Last week, on July 5, the Federal Communications Commission (FCC) released an opinion stating that robocalls made by the federal government (or its contractors) are exempt from the Telephone Consumer Protection Act (TCPA). Because the federal government does not meet the definition of ‘person’ under the TCPA, the federal government and its contractors who are … Continue Reading

FCC unveils broadband privacy rules for Internet service providers

We have been waiting for—and the Federal Communications Commission (FCC) delivered—its long anticipated broadband data privacy and security rules on March 10, 2015. Through the proposed rules, the FCC has declared its enforcement authority over the data privacy and security practices of Internet service providers (ISPs), much to the chagrin of the industry, which argues … Continue Reading

FCC clarifies TCPA liability for texting

The Federal Communications Commission (FCC), in a denial of a petition from a company that provides bulk marketing texts for other companies, clarified that it will maintain separate standards for fax and text messaging senders when looking to investigate and enforce violations of the Telephone Consumer Protection Act (TCPA). In essence, the FCC stated that … Continue Reading

FCC settles data security enforcement action with Cox

In what had been touted as the first data security enforcement action with a cable operator, the Federal Communications Commission (FCC) has agreed to settle for $595,000 an enforcement action following a data breach with Cox Communications. The settlement was announced by the FCC last week. The settlement involves a data breach from 2014 when … Continue Reading

FCC issues supplementary information clarifying TCPA robocall rules

We previously reported that the Federal Communications Commission (FCC) released an Omnibus Order on July 10, 2015 regarding the rules and regulations implementing the Telephone Consumer Protection Act (TCPA), specifically relating to robocalls. Last week, in response to 21 inquiries following the release of the Omnibus Order, the FCC issued supplementary information in the Federal … Continue Reading

Lyft and First National Bank notified of TCPA violations by FCC

Late last week, Lyft and First National Bank (FNB) were notified by the Federal Communications Commission (FCC) that they had violated the Telephone Consumer Protection Act (TCPA) when they required users to opt in to receiving automated text messages as a condition of using their services. Specifically, Lyft requires users to receive text messages and … Continue Reading

E-faxes regulated in the same way as conventional faxes under the TCPA

The Federal Communications Commission (FCC) announced on August 28, 2015, that “e-faxes” are considered the same as conventional faxes when it comes to consumer protections and violations of the Telephone Consumer Protection Act (TCPA) and the Junk Fax Protection Act (JFPA). In its declaratory ruling, the FCC said, “Unwanted fax advertisements can annoy consumers, costing … Continue Reading

FCC Cites Three Companies For Its Unwanted Robocalls

On May 4, 2015, the Federal Communications Commission (FCC) cited three companies, Call-Em-All LLC (Call-Em-All), Ifonoclast Inc. (Ifonoclast) and M.J. Ross Group Inc. (M.J. Ross) (Ifonoclast and M.J. Ross conduct business as Phonevite and PoliticalRobocalls.com), for their unwanted robocalls, threatening statutory fines of up to $16,000 per violation if the violations of the Telephone Consumer … Continue Reading

FCC urged to clarify TCPA regulations for sake of companies and consumers

“We can’t paint all legitimate companies with the brush that every call from a private company is a form of harassment. It is time for the [Federal Communications Commission (FCC)] to act to provide clear rules of the road that will benefit everyone, and that means acting on [Telephone Consumer Protection Act (TCPA)] petitions before … Continue Reading
LexBlog