TCPA Watch

Business, legal and policy developments under the Telephone Consumer Protection Act.

 

1
FTC Proposes Broad New Privacy Framework, and Asks “How It Might Apply in the Real World”
2
Don’t Touch That Technology
3
CALEA II – Bigger and Badder?
4
Broadband in America: The Year in Review; What Lies Ahead
5
New Disability Access Requirements for Advanced Communications and Video
6
Law Seminars International presents Cloud Computing: Law, Risks and Opportunities
7
Symposium on Broadband Reclassification and Net Neutrality What’s at Stake? What’s the End Game?
8
The 19th Annual Seattle Conference on Current Developments in Technology Law
9
Live Webcast: Spurring Adoption and Use of Broadband
10
Disclaimer

FTC Proposes Broad New Privacy Framework, and Asks “How It Might Apply in the Real World”

by Henry L. Judy (Washington D.C.), Holly K. Towle (Seattle), Samuel R. Castic (Seattle), Jonathan D. Jaffe (San Francisco).

On December 1, 2010, the FTC released a preliminary staff report entitled “Protecting Consumer Privacy in an Era of Rapid Change” that has the potential to materially change the privacy obligations of all businesses in the United States. The staff report poses important policy choices regarding who controls data and what information will freely flow in the United States. It proposes a broad privacy framework and articulates a number of new and strengthened data privacy obligations that are almost certain to increase business compliance costs and potential litigation.

While the staff report is only a preliminary recommendation, the final privacy proposal that emerges from the FTC will likely serve as both a guide for future enforcement actions, and as a basis for future legislation. The FTC is accepting comments on its proposed framework until the end of January 2011, and it is strongly recommended that businesses do so if they want to register their concerns before the FTC issues its final privacy framework.

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Don’t Touch That Technology

by Susan P. Altman (Pittsburgh) and Todd A. Fisher (Dallas).

If your client or customer asks you to input data into its database, do you readily agree, or do you first ask if you have the right to do the inputting?

Most service providers are more than happy to show their responsiveness and helpfulness and sometimes forget to check whether they have the right to use the technology licensed by their client.

The Fifth Circuit in Compliance Source Inc. v. GreenPoint MortgageFunding Inc. reminded us recently that use of someone else’s technology, even if it is only on behalf of and for the benefit of a licensee, may require explicit permission of the owner (not just the licensee) and failure to obtain that explicit permission may result in a lawsuit.

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CALEA II – Bigger and Badder?

Recent leaks to the New York Times, as reported in September and October, indicate that the Obama administration will next year be pushing for sweeping expansions of the Communications Assistance for Law Enforcement Act (CALEA).  CALEA facilitates government surveillance by, among other things, requiring companies subject to the law both to design their systems so that the government can easily plug in and intercept communications in real-time and to provide assistance to the government in these efforts. 

 

A task force comprised of representatives from DOJ, Commerce, the FBI, and other agencies, are discussing amendments to the law.  These changes would greatly expand the reach of CALEA, would significantly increase the costs of non-compliance for covered companies, and would include other requirements which may fundamentally change business models for companies promising encryption and decentralized communication services.    

 

 

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Broadband in America: The Year in Review; What Lies Ahead

K&L Gates co-hosted a live webcast December 22, carried live on Internet TV channels Broadband US TV and National League of Cities TV.

You can access the free webcast by clicking here (free registration is required).

K&L Gates partner Marty Stern joined co-host Jim Baller, together with guests Cecilia Kang, Communications Industry Journalist, the Washington PostGigi Sohn, President, Public Knowledge,  Jeffrey Silva, Senior Policy Director, TMT, Medley Global Advisors, and  Scott Cleland, President, the Precursor Group, for a lively and provocative review of 2010, particularly of the day-old FCC net neutrality decision, and for some bold predictions for 2011.

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New Disability Access Requirements for Advanced Communications and Video

By Marty Stern (Washington, DC), Carol Lumpkin (Miami) and Stephanie N. Moot (Miami).

The President signed the 21st Century Communications and Video Accessibility Act of 2010 on October 8, 2010 (the “ComVid Accessibility Act” or “Act”). The ComVid Accessibility Act expands various disability access requirements to VoIP phones, browser-enabled smart phones, text messaging, Internet-enabled video devices, on-line video of TV programming, TV navigation devices, and programming guides and menus, among other things.

Karen Peltz Strauss, who has the lead at the Federal Communications Commission (“FCC” or “Commission”) on implementing the ComVid Accessibility Act, appeared on a recent live program on Internet TV channel Broadband US TV and discussed the FCC’s “enormous mandate” to implement the new Act.  Click here for a clip of Ms. Peltz Strauss’ comments on the program.  (with permission from TV Worldwide).[1]  According to Ms. Peltz Strauss, “Every segment of the industry that has anything to do with broadband, television, including cable, satellite or broadcast, Internet-based television, as well as . . . Internet-based providers, traditionally regulated [telephone] companies, wireless companies” needs to be paying attention to the new Act.   “Virtually every segment that has anything to do with communications or video programming is covered.”

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Law Seminars International presents Cloud Computing: Law, Risks and Opportunities

On December 13-14, 2010, Law Seminars International presented a seminar exploring different cloud computing service models and the challenges they pose. They explored what cloud computing is, how it works and the benefits it offers.

Leading practitioners, including Dan Royalty (K&L Gates Seattle), described the contracting and compliance challenges their clients face on a daily basis and shared their strategies for meeting them.  Among other things, the program provided pointers on identifying the legal and compliance issues around cloud computing and addressing them in cloud computing transactions.

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Symposium on Broadband Reclassification and Net Neutrality What’s at Stake? What’s the End Game?

On Thursday, December 2nd, K&L Gates hosted a program on net neutrality and the potential regulatory reclassification of broadband Internet access presented by the ABA Antitrust Section’s Communications & Digitial Technology Industries Committee. The program, moderated by Washington, DC partner Marty Stern, included:

  • Parul Desai, Policy Counsel, Consumers Union
  • Neil Fried, Minority Chief Counsel, U.S. House of Representatives Energy and Commerce Committee, Subcommitee on Communications, Technology and the Internet
  • Glenn Manishin, Partner, Duane Morris
  • Lee Selwyn, President, Economics and Technology, Inc.

Audio Archive of event now available (American Bar Association members only)

Several of the speakers were also authors of articles in the Fall 2010 Broadband Reclassification and Net Neutrality Symposium issue of the Committee’s Icarus newsletter.

The 19th Annual Seattle Conference on Current Developments in Technology Law

December 9-10, 2010

Washington State Convention Center
Seattle, WA

Online brochure

Presenters: Holly K. Towle
Sponsors: Law Seminars International

As the distinctions between telephone, television and data services disappear, many of the old geographical and functional boxes that used to help us organize our thinking have become irrelevant. Super computing, almost ubiquitous broadband, advanced visualization and large-scale data gathering have created new competitive opportunities on a global scale. They also have unleashed a torrent of fragmented information and the pressing question of what is really valuable.

We now have news aggregation services to manage the torrent, but what are the limits on the aggregator’s use of copyrighted material? New social media services have created new marketing opportunities, but also new challenges for managing your online reputation. Distributed computing services are triggering a transition from point-of-sale product licensing to services access subscriptions and long term interactive relationships. New friction points, particularly those involving consumers, are leading to new regulatory requirements for technology companies.

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Live Webcast: Spurring Adoption and Use of Broadband

K&L Gates co-hosted a live webcast October 7, carried live on Internet TV channels Broadband US TV and National League of Cities TV.

You can access the free webcast by clicking here (registration is required).

Stakeholders in America’s broadband future disagree on most issues, but not on this: with 35% of Americans not using broadband today and many others not using broadband to maximum advantage, spurring increased adoption and use is critically important to America’s success in the emerging knowledge-based global economy.

FCC Commissioner Mignon Clyburn kicked off the program, joining BroadbandUS TV hosts Marty Stern and Jim Baller for a provocative discussion ofthe FCC’s goals, activities, and progress in this area.

The program also included a panel on National Policy and Support, featuring Karen Peltz Strauss, FCC Consumer and Governmental Affairs Bureau; Emy Tseng, National Telecommunications and Information Administration; Dr. Kenneth Peres, Communications Workers of America and US Broadband Coalition; Nicol Turner-Lee, Joint Center for Political and Economic Studies; and John Windhausen, Schools, Health and Libraries Broadband Coalition. A second panel featured a look at success stories from around the country.

Disclaimer

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