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Tag Archives: FCC

FCC Chairman Tom Wheeler Speaks about Cybersecurity at RSA Conference

Posted in Cybersecurity, Legislation, Privacy Regulation, Security

As cyber week continues in Washington, Federal Communications Commission Chairman Tom Wheeler traveled to the west coast to speak about cybersecurity at the RSA Conference in San Francisco.  Wheeler noted that the FCC has several charges to protect against cyber-attacks and similar threats, including the agency’s responsibility to protect the safety of communications networks generally,… Continue Reading

The FCC and the Uncertain Future of Privacy Oversight for Internet Service Providers

Posted in Federal Trade Commission, Privacy Regulation

The Federal Communications Commission’s (“FCC”) net neutrality proceeding culminated this month with the release of an Order reclassifying broadband Internet access service as a common carrier Telecommunications Service subject to regulation under Title II of the Communications Act. Previously, the FCC classified broadband service as a lightly regulated Title I Information Service, while Title II… Continue Reading

FCC’s Retroactive Solicited Fax Opt-Out Waiver Window Closing

Posted in Class Action Litigation

Written by Ernie Cooper Businesses that engage in fax advertising and solicitation should pay careful attention to the recent ruling by the Federal Communications Commission clarifying that even fax advertisements sent with the prior express invitation or permission of the recipient must include an opt-out notice that: (1) is clear and conspicuous and on the… Continue Reading

On the Seventh Day of Privacy, federal agencies gave to me…..

Posted in 12 Days of Privacy, Cybersecurity, Data Breach Notification, Federal Trade Commission, Privacy Regulation

Questions of Authority – who will be the federal regulatory cop on the privacy beat?  FTC?   FCC?  Privacy, Data Security Jurisdiction Questions to the Forefront in 2015 Written by Christopher Harvie As privacy and data security gain more visibility among policy-makers, questions of federal agency authority and jurisdiction are also gaining a higher profile. Since… Continue Reading

Retailers Ask FCC to Clarify that Text Message Responses Are OK

Posted in Privacy Regulation, Uncategorized

Written by Ernest C. Cooper Should retailers be required to obtain written consent before sending a consumer a text message with information or a coupon that was specifically requested?  The Retail Industry Leaders Association (RILA) thinks not, and has filed a petition asking the Federal Communications Commission to clarify that sending a one-time text message… Continue Reading

FCC: Carriers Must Protect Certain Data Collected on Mobile Handsets

Posted in Mobile Privacy

Written by Ernie Cooper  Aiming to “address the real privacy and security risks that consumers face when telecommunications carriers use their control of customers’ mobile devices to collect information about their customers’ use of the network,” the Federal Communications Commission (FCC) has adopted a Declaratory Ruling holding that the existing rules requiring carriers to protect customer… Continue Reading

FCC Announces Effective Date for Mobile Phone “Robocall” Written Consent Requirement

Posted in Privacy Regulation

By Howard J. Symons and Ernest C. Cooper The Federal Communications Commission (FCC) has announced October 16, 2013, as the effective date for its new rules requiring companies to obtain prior express written consent from consumers before calling them with prerecorded telemarketing “robocalls” or before using an autodialer to call their wireless numbers with telemarketing… Continue Reading

FCC Adopts Rules Requiring Written Consent for Telemarketing “Robocalls”

Posted in Privacy Regulation, Uncategorized

Written by Ernie Cooper  The Federal Communications Commission (“FCC”) has adopted new rules that require companies to obtain prior express written consent from consumers before calling them with prerecorded telemarketing “robocalls.”  For the most part, the new robocall rules adopted by the FCC simply mirror similar rules adopted by the Federal Trade Commission (“FTC”) in… Continue Reading

“Smart Grid” privacy issues to be examined by Federal Communications Commission

Posted in Legislation

Smart Grid technology enables electric utilities to use communications and computing technology to glean consumer electric usage patterns to facilitate more efficient network management. It’s been identified by the FCC as a promising way to use broadband to promote energy efficiency, reduce greenhouse gas emissions, and encourage energy independence. These consumer electric usage patterns could… Continue Reading