Court case

Developments in telecommunications policy being made in the legal system.

Cleveland Broadband Consumers Pledges Multi-Front Campaign Against AT&T

Location:
Cleveland , OH, United States
Recommendation:
1

Daryl Parks, the attorney representing "Cleveland Broadband Consumers" claiming AT&T is "redlining" service in Cleveland and elsewhere, is pledging to open a multi-front legal attack on the company, including raising questions about its fitness for the multi-billion-dollar contract to manage FirstNet.

Fifth Circuit creates split on whether prospective cell-site collection is a Fourth Amendment ‘search’

Location:
George Washington University Law School, 2000 H Street, NW, Washington, DC, 20052, United States
Recommendation:
2

When the government engages in prospective cell-site surveillance, it obtains a court order requiring a cell provider to provide the phone’s location at that moment in “real time.” That contrasts with collection of historical cell-site records, when the government obtains a court order requiring the provider to hand over stored records retained by a cell provider in the ordinary course of business from some time in the past ...

Sprint sues FCC for 'capricious' deregulation of business data services

Location:
Sprint Nextel, 6550 Sprint Parkway, Overland Park, KS, 66251, United States
Recommendation:
3

Sprint and another Windstream filed a lawsuit against the Federal Communications Commission for the agency's recent decision on business data services.

Ninth Circuit To Review FTC v. AT&T Mobility

Location:
US Court of Appeals Ninth Circuit, 95 7th St, San Francisco, CA, 94103, United States
Recommendation:
3

The US Court of Appeals for the Ninth Circuit has agreed to review a three-judge panel decision that left the Federal Trade Commission's authority to oversee edge-provider privacy in some circumstances very much in doubt, according to a copy of the court’s announcement of the new hearing.

Chairman Pai on 9th Circuit Decision to Rehear FTC v. AT&T Case

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
3

Today’s action by the Ninth Circuit is a big win for American consumers. Now that the court’s prior decision is no longer effective, it will be easier for the Federal Trade Commission to protect consumers’ online privacy.

Supreme Court asked to rule if cops need warrant for cell-site data

Location:
Supreme Court of the United States, One First Street, NE, Washington, DC, United States
Recommendation:
3

On May 11, the Supreme Court will meet privately to discuss the controversial privacy question of whether the authorities need a court warrant to force mobile phone companies to divulge their customers' cell site data

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For Now, Net Neutrality's Future Is At The FCC

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
2

In the week since Federal Communications Commission Chairman Pai benton logoopened a new chapter in the ongoing network neutrality debate, the courts and Congress have confirmed that the ball is squarely in the FCC's court. The U.S. Court of Appeals for the D.C. Circuit rejected a request to further review the net neutrality rules it upheld in 2016, citing the Chairman’s upcoming Notice of Proposed Rulemaking (NPRM) as the reason. In the legislative branch, Republican Senators introduced a bill that would nullify the FCC’s net neutrality rules and prevent any future action by the FCC. But Senate Democrats claim a bipartisan compromise is highly unlikely. For now, net neutrality's future is at the FCC.

benton logo

For Now, Net Neutrality's Future Is At The FCC

In the week since Federal Communications Commission Chairman Pai benton logoopened a new chapter in the ongoing network neutrality debate, the courts and Congress have confirmed that the ball is squarely in the FCC's court. The U.S. Court of Appeals for the D.C. Circuit rejected a request to further review the net neutrality rules it upheld in 2016, citing the Chairman’s upcoming Notice of Proposed Rulemaking (NPRM) as the reason. In the legislative branch, Republican Senators introduced a bill that would nullify the FCC’s net neutrality rules and prevent any future action by the FCC. But Senate Democrats claim a bipartisan compromise is highly unlikely. For now, net neutrality's future is at the FCC.

Comm O'Rielly Remarks at ACA International's Washington Insights Conference

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
3

Thank you for inviting me to join you today to discuss the Telephone Consumer Protection Act of 1991, or TCPA.

Appeals Court Sides With CNN In App Privacy Battle

Location:
U.S. Court of Appeals 11th Circuit, 56 Forsyth Street, NW, Atlanta, GA, 30303, United States
Recommendation:
3

A federal appellate court has sided with CNN in a dispute over whether its iTunes app violated a federal privacy law by allegedly sharing data about consumers with the analytics company Bango.

Commissioner O'Rielly Statement on DC Circuit Decision

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
3

I disagreed with the Court’s 2016 split decision, and also disagree with the split decision not to reconsider the matter en banc. However, this issue is somewhat moot for now as the Commission is under new leadership and headed in a far better direction.

Choosing which cable channels to provide is speech, but offering Internet access is not

Location:
Duke University, 100 Fuqua Drive Fuqua School of Business, Durham, NC, 27708, United States
Recommendation:
3

May 1, the DC Circuit denied the petition for rehearing en banc challenging the soon-to-be replaced network neutrality rules. Judges Brown and Kavanaugh dissented from the denial of rehearing, and each wrote to explain why. Brown and Kavanaugh both argued that Chevron deference doesn’t apply, but it’s Kavanaugh’s second argument that I want to focus on: that net neutrality regulations implicate the First Amendment.

Net neutrality may be poised for a Supreme Court showdown

Location:
U.S. Court of Appeals for the District of Columbia, 333 Constitution Ave, NW, Washington, DC, 20001, United States
Recommendation:
3

A federal appeals court has said it will not rehear a landmark case looking to overturn the government’s rules on network neutrality. May 1's decision by the US Court of Appeals for the DC Circuit allows its previous ruling upholding the regulations to stand — and paves the way for opponents of the rules to appeal to the Supreme Court.

Chairman Pai Statement on DC Circuit Title II Rehearing Decision

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
3

Federal Communications Commission Chairman Ajit Pai issued the following statement on the decision by the US Court of Appeals for the District of
Columbia Circuit not to rehear the Title II case en banc.

Federal court lets net neutrality regulations stand

Location:
U.S. Court of Appeals for the District of Columbia, 333 Constitution Ave, NW, Washington, DC, 20001, United States
Recommendation:
4

A federal appeals court rejected a request to review its decision upholding the Federal Communications Commission's network neutrality regulations. The victory for net neutrality supporters comes just days after FCC Chairman Ajit Pai announced that he is starting proceedings to repeal the rules, and could set the stage for a Supreme Court showdown.

Google Data Privacy Fight Hinges on Cloud Storage Tech

Location:
US District Court, Northern District of California, 280 South 1st Street, San Jose, CA, United States
Recommendation:
3

An order that Alphabet's Google turn over customer data stored overseas relied more on the specific storage technology at play than on an outdated federal e-mail privacy law.

Court Urged To Restore FTC's Power To Prosecute AT&T

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
3

In 2016, three judges on a federal appellate court issued a stunning ruling that blocked the Federal Trade Commission from prosecuting AT&T for allegedly duping customers. The judges said in their opinion that the FTC couldn't proceed against AT&T because the agency lacks jurisdiction against common carriers.

FBI allays some critics with first use of new mass-hacking warrant

Location:
Federal Bureau of Investigation (FBI), 935 Pennsylvania Avenue, NW J. Edgar Hoover Building, Washington, DC, 20535-0001, United States
Recommendation:
3

On April 5, Deborah M. Smith, chief magistrate judge of the US District Court in Alaska, greenlighted this first use of a controversial court order. Critics have since likened it to a license for mass hacking.

Trump lawyer: ‘No right’ to protest at rallies

Location:
The White House, 1600 Pennsylvania Avenue NW, Washington, DC, 20500, United States
Recommendation:
3

President Donald Trump’s lawyers argued in an April 20 court filing that protesters “have no right” to “express dissenting views” at his campaign rallies because such protests infringed on his First Amendment rights.

DC Circuit Court Remands Lifeline Reform Order to Federal Communications Commission

Location:
U.S. Court of Appeals for the District of Columbia, 333 Constitution Ave, NW, Washington, DC, 20001, United States
Recommendation:
3

The DC Circuit Court granted the FCC’s motion to remand the Lifeline Reform Order back to the Federal Communications Commission.

DC appeals court poised to rule on whether police need warrants for cellphone tracking

Location:
U.S. Court of Appeals for the District of Columbia, 333 Constitution Ave, NW, Washington, DC, 20001, United States
Recommendation:
3

Police and federal agents around the country have for years been quietly using cell site simulators in which a portable device intercepts signals from cellphones attempting to connect with cell towers and then captures their identifying numbers and precise locations.

Chairman Pai's Response to Members of Congress Regarding Prison Payphone Rates

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
3

On March 28 2017, Federal Communications Commission Chairman Ajit Pai responded to several members of Congress regarding prison payphones and the FCC's decision not to defend at oral argument the intrastate calling rate caps.

Google Pays Female Workers Less Than Male Counterparts, Labor Department Says

Location:
Google, 1600 Amphitheatre Parkway, Mountain View, CA, 94043, United States
Recommendation:
2

An investigation of Google has found it systematically pays female employees less than their male counterparts, US Department of Labor officials said, a claim that adds to allegations of gender bias in Silicon Valley.

Democratic Sens block Gorsuch consideration, paving way for Senate rules change

Location:
Capitol Building, E Capitol St NE & 1st St NE, Washington, DC, United States
Recommendation:
3

Democratic Sens successfully blocked Judge Neil Gorsuch’s confirmation to the US Supreme Court from advancing in the US Senate on April 6, sparking a bitter clash with Republicans over how the chamber confirms high court nominees.

FilmOn X Appeals Ninth Circuit Panel Decision to Full Court

Location:
Ninth Circuit Court of Appeals, 1010 Fifth Avenue William Nakamura Courthouse, Seattle, WA, 98104, United States
Recommendation:
3

FilmOn X on April 6 sought a full-court re-hearing in the Ninth Circuit Court of Appeals after a three-judge panel of that court in March reversed a lower court decision that FilmOn X was eligible for the same compulsory license to TV programming as cable operators have.

The future of net neutrality in Trump’s America

Location:
USA, United States
Recommendation:
3

Now that President donald Trump has signed legislation repealing landmark federal privacy protections for Internet users, many in Washington are trying to decipher what the move could mean for network neutrality.

FTC, Amazon to Withdraw Appeals, Paving Way for Consumer Refunds Related to Children’s Unauthorized In-App Charges

Location:
Federal Trade Commission (FTC), 600 Pennsylvania Avenue, NW, Washington, DC, 20580, United States
Recommendation:
3

The Federal Trade Commission and Amazon have agreed to end appeals related to 2016’s court findings that the company billed consumers for unauthorized in-app charges incurred by children, paving the way for affected consumers to seek refunds from the online retailer shortly.

FCC Loses Fax Opt-Out Ad Ruling

Location:
U.S. Court of Appeals for the District of Columbia, 333 Constitution Ave, NW, Washington, DC, 20001, United States
Recommendation:
3

The Tom Wheeler Federal Communications Commission suffered another defeat in the opt-out advertising category March 31 as a three-judge panel of the US Court of Appeals—in a 2-1 decision—overturned a ruling regarding faxed advertisements, saying the FCC had exceeded its authority.

Statement Of FCC Chairman Ajit Pai On The Latest DC Circuit Rebuke Of FCC Overreach

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
3

The DC Circuit reversed the Commission’s Anda Order, which had been adopted in relevant part on a 3-2 party-line vote. FCC Chairman Pai issued the following statement.

Gorsuch’s Tech Law Record Raises Concerns

Location:
Adelphi University, 1 South Ave, Garden City, NY, 11530, United States
Recommendation:
3

Cell phone privacy, network neutrality and encryption are some of the many tech-related issues that Neil Gorsuch could rule on if he’s successfully appointed to the US Supreme Court.

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