Court case

Developments in telecommunications policy being made in the legal system.

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.

Appeals Court Rules TV Streamers Don't Get Compulsory License to Broadcast Networks

Location:
US Court of Appeals; 9th Circuit, Pasadena, CA, United States
Recommendation:
3

The 9th Circuit Court of Appeals reversed a seismic victory in favor of streaming company FilmOn, handing significant relief to broadcasters like CBS, Fox, NBC and ABC who were aghast by a federal judge's decision in July 2015 that streamers could be deemed to be a "cable system" eligible for a compulsory license under the Copyright Act.

FBI’s methods to spy on journalists should remain classified, judge rules

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

A federal judge is agreeing with the FBI's contention that publicly disclosing its methods on how it spies on journalists could hamper national security.

Will Obama Sue Trump For Libel?

Location:
University of Chicago, 5801 South Ellis Avenue, Chicago, IL, 60637, United States
Recommendation:
3

With President Donald Trump’s early morning tweet several days ago accusing former President Barack Obama of unlawfully tapping his phone calls “during the very sacred election process,”and adding that “This is Nixon/Watergate. Bad (or sick) guy!,” Trump unambiguously accused President Obama of criminal conduct. In so doing, Trump committed the quintessential libel.

California Supreme Court: No, you can’t hide public records on a private account

Location:
California Supreme Court, Sacramento, CA, United States
Recommendation:
3

The California Supreme Court ruled that state and local officials must disclose public records even if those "writings" are held on private devices or accounts.

Barring Reporters From Briefings: Does It Cross a Legal Line?

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

Feb 24’s developments at the White House crossed that legal line, said Jameel Jaffer, the director of the Knight First Amendment Institute at Columbia University.

A Constitutional Right to Facebook and Twitter? Supreme Court Weighs In

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

A Supreme Court argument about whether North Carolina may bar registered sex offenders from using Facebook, Twitter and similar services turned into a discussion of how thoroughly social media have transformed American civic discourse.

Why Supreme Court Nominee Judge Gorsuch is a regulatory skeptic

Location:
Brookings, 1775 Massachusetts Ave, NW, Washington, DC, 20036, United States
Recommendation:
3

One unreported item regarding President Trump’s nominee for the US Supreme Court, Judge Neil Gorsuch of the US Court of Appeals for the Tenth Circuit, is that he would bring more private practice exposure to telecommunications law to the court than anyone in history.

Twitter to judge: Let us tell everyone exactly how many secret orders we get

Location:
Twitter (new home), 1355 Market Street, San Francisco, CA, 94103, United States

Twitter has asked a federal judge to decide what seems like a relatively simple question: is it ok to tell the public that the company received a specific number of national security orders, rather than simply a broad range, during a given period of time?

My Personal Story in Search of #PhoneJustice

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

It is 9:10 am on Monday, February 6, 2017, and I am sitting in the courtroom without my cellphones. Like many who find themselves disconnected from their mobile device(s) for any length of time, I feel extremely uncomfortable and detached from the rest of the world. But whatever my discomfort, it pales in comparison to the day-to-day economic and personal torture felt by millions who remain on the wrong side of the economic justice divide and struggle to stay in touch with incarcerated loved ones.

Apple, Facebook, Google, Microsoft and 94 other tech companies call travel ban ‘unlawful’ in rare coordinated legal action

Location:
United States District Court for the Western District of Washington, 700 Stewart Street, Seattle, WA, 98101-9906, United States
Recommendation:
2

Silicon Valley is stepping up its confrontation with the Trump administration.

Republican-led FCC drops court defense of inmate calling rate cap

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

The Federal Communications Commission's new Republican leadership has decided not to defend FCC inmate calling rules that place a cap on intrastate calling rates.

New court, second look: 'Citizens United' built on crumbling base

Location:
New York University School of Law, 161 6th Avenue Brennan Center for Justice, New York, NY, 10013, United States
Recommendation:
3

Since Justice Antonin Scalia’s death, many have asked what a new ninth justice might mean for campaign finance law. The shorthand for this was often “Citizens United.” Could it be overturned?

Judge Gorsuch No Stranger to Tech

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

President Donald Trump’s Supreme Court pick, Judge Neil Gorsuch, has tackled some of the biggest issues in tech during his time on the 10th Circuit Court of Appeals, spanning e-mail privacy and Microsoft antitrust and the “Amazon tax.”

Fighting for Techdirt and All Independent Media

Location:
Free Press (DC), 501 Third Street NW, Washington, DC, 20001, United States
Recommendation:
2

Anyone who’s followed Techdirt’s reporting and analysis over the years knows how vital this news outlet has been when it comes to clearing the fog that often clouds policy debates about Net Neutrality, broadband access, spectrum allocation, copyright reform and media ownership.

US Supreme Court loaded with First Amendment cases

Location:
Supreme Court of the United States (SCOTUS), One First Street, NE, Washington, DC, United States
Recommendation:
2

The First Amendment is being put to the test on multiple levels this term before the US Supreme Court.

Insights on Future FCC Decision-making Gleaned From a Judicial Dissent

Location:
Penn State University, State College, PA, 16801, United States
Recommendation:
3

As unorthodox as it might seem, Senior Circuit Judge Stephen F. Williams dissenting opinion in a major Federal Communications Commission case offers a likely roadmap on how the FCC will operate with Trump appointees and a Republican majority.

EU’s highest court declares UK surveillance powers illegal

Location:
Court of Justice of the European Communities, Boulevard Konrad Adenauer Kirchberg, L-2925, Luxembourg
Recommendation:
4

Britain’s surveillance laws have been deemed illegal by the European Court of Justice in a case that throws into question the fate of the UK’s new Investigatory Powers Act.

Google just dodged a privacy lawsuit by scanning your emails a tiny bit slower

Location:
U.S. District Court, Northern District of California, 280 South 1st Streeet, San Jose, CA, 95113, United States
Recommendation:
2

Google tentatively agreed to a series of changes in the way it collects data from Gmail, as part of a proposed settlement in Northern California District Court.

Supreme Court Declines to Review Colorado’s Internet Sales Tax Law

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

The US Supreme Court denied review of a case that leaves intact a Colorado law forcing retailers without a physical presence in the state to turn over customer purchase data to state tax officials.

Even Before Trial, Entercom KDND License Fight Marches On

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

The Federal Communications Commission’s hearing into whether Entercom should be allowed to continue holding the license for CHR “107.9 The End” KDND, Sacramento (CA) isn’t likely to occur until spring 2017 at the earliest, but the legal maneuvers behind the scenes have begun.

When ‘Miranda’ violations lead to passwords

Location:
Washington Post, 1150 15th St NW, Washington, DC, 20071, United States
Recommendation:
3

A new decision, United States v. Ashmore (W.D. Ark. December 7, 2016), raises an interesting question at the intersection of new technology and constitutional rights: If the government violates a suspect’s Miranda rights, interrogating him without reading Miranda warnings, and during the interrogation obtains the suspect’s passwords that are then used to access his phone and computer, are the phone and computer admissible in court?

A Gaping Hole in Consumer Privacy Protection Law

Location:
George Washington University Law School, 2000 H Street, NW, Washington, DC, 20052, United States
Recommendation:
3

Recently, the US Court of Appeals for the 9th Circuit issued a decision with profound implications for consumer privacy protection law. In FTC v. AT&T Mobility (9th Cir. Aug. 29, 2016), a 3-judge panel of the 9th Circuit held that the Federal Trade Commission (FTC) lacks jurisdiction over companies that engage in common carrier activity. The result is that there is now a gaping hole in consumer privacy protection law.

Supreme Court rules for Samsung in smartphone fight with Apple

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

The Supreme Court sided with Samsung in its big-money smartphone patent fight with Apple, throwing out an appeals court ruling that said the South Korean company had to pay a $399 million penalty to its American rival for copying key iPhone designs.

Nashville fights Comcast lawsuit over rules that help Google Fiber

Location:
Nashville Metro Council, 1 Public Sq, Nashville, TN, 37201, United States
Recommendation:
3

The Nashville (TN) metro government wants a court to throw out a Comcast lawsuit that seeks to overturn rules designed to speed up deployment of Google Fiber.

Judge rules against Center for Public Integrity in FEC cybersecurity lawsuit

Location:
Center for Public Integrity, 910 17th Street, NW, Washington, DC, 20006, United States
Recommendation:
3

A US District Court Judge has denied the Center for Public Integrity’s request for access to a taxpayer-funded study about cybersecurity vulnerabilities at the Federal Election Commission.

In Europe, Is Uber a Transportation Service or a Digital Platform?

Location:
Court of Justice of the European Union, Luxembourg City, Luxembourg
Recommendation:
2

In July 2015, a judge in Barcelona referred a case to the European Court of Justice, asking the Luxembourg-based court to determine whether Uber should be treated as a transportation service or merely as a digital platform. If the court decides that Uber is a transportation service, the company will have to obey Europe’s often onerous labor and safety rules, and comply with rules that apply to traditional taxi associations.

90 age-discrimination suits reflect growing issue for tech

Location:
Silicon Valley, Palo Alto, CA, United States
Recommendation:
2

Tech’s graying workforce is increasingly voicing its displeasure about ageism – in court. Since 2012, 90 age-related lawsuits have been filed against a dozen top tech companies in Silicon Valley, according to the California Department of Fair Employment and Housing (DFEH).

DC Circuit Vacates FCC OTT VoIP Order on End Office Access Charges

Location:
Fletcher, Heald and Hildreth, 1300 North 17th St, Arlington, VA, 22209, United States
Recommendation:
3

A recent DC Circuit Court decision concerns access charges billed by over-the-top VoIP carriers. In 2015 the Federal Communications Commission issued a declaratory ruling regarding the classification of end office local switching when Internet service providers (“ISPs”) collaborate with over-the-top VoIP providers to complete interexchange calls.

Statement of Commissioner Pai on DC Appeals Court Rebuking FCC Overreach

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

In 2015, the Federal Communications Commission adopted the VoIP Symmetry Order on a partyline vote.

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