Tuesday’s court ruling upholding the FCC net neutrality order likely forecloses any legislative movement on the topic this Congress, lawmakers in both chambers and from both parties told us after the ruling. The 2-1 U.S. Court of Appeals for the D.C. Circuit (see 1606140023) ruling frustrated Republicans and thrilled Democrats, many of whom released statements and expressed interest in the expected appeals process. Capitol Hill offices had been watching closely for the long-awaited D.C. Circuit ruling and weighing legislative possibilities depending on the ruling (see 1606090064).
It appears all but certain industry will appeal the U.S. Court of Appeals for the D.C. Circuit’s decision Tuesday upholding the FCC 2015 net neutrality rules (see 1606140023). Less certain is whether the Supreme Court will take the case. A complicating factor is that four of the remaining eight justices would have to agree to hear the case, and, with the death of Justice Antonin Scalia, that will be more difficult until his slot is filled, court watchers said in interviews Tuesday.
Tuesday’s court ruling upholding the FCC net neutrality order likely forecloses any legislative movement on the topic this Congress, lawmakers in both chambers and from both parties told us after the ruling. The 2-1 U.S. Court of Appeals for the D.C. Circuit (see 1606140023) ruling frustrated Republicans and thrilled Democrats, many of whom released statements and expressed interest in the expected appeals process. Capitol Hill offices had been watching closely for the long-awaited D.C. Circuit ruling and weighing legislative possibilities depending on the ruling (see 1606090064).
It appears all but certain industry will appeal the U.S. Court of Appeals for the D.C. Circuit’s decision Tuesday upholding the FCC 2015 net neutrality rules (see 1606140023). Less certain is whether the Supreme Court will take the case. A complicating factor is that four of the remaining eight justices would have to agree to hear the case, and, with the death of Justice Antonin Scalia, that will be more difficult until his slot is filled, court watchers said in interviews Tuesday.
GOP House Commerce Committee staffers outlined many potential problems with the FCC ISP privacy NPRM, in a staff memo for a Tuesday Communications Subcommittee hearing: “Concerns with the FCC’s approach to privacy vary, from legal experts that question the FCC’s rationale for the rules and raise concerns that the FCC’s rules are a violation of the First Amendment guarantee of free speech, to those in the business community concerned with the economic and social consequences of the FCC’s regulatory approach.” The six-page memo elaborated on the concerns and cited arguments favoring an FTC-centric approach.
GOP House Commerce Committee staffers outlined many potential problems with the FCC ISP privacy NPRM, in a staff memo for a Tuesday Communications Subcommittee hearing: “Concerns with the FCC’s approach to privacy vary, from legal experts that question the FCC’s rationale for the rules and raise concerns that the FCC’s rules are a violation of the First Amendment guarantee of free speech, to those in the business community concerned with the economic and social consequences of the FCC’s regulatory approach.” The six-page memo elaborated on the concerns and cited arguments favoring an FTC-centric approach.
Internet freedom advocates sounded the alarm over a computer-crime bill in Rhode Island that they said dangerously expands upon the Computer Fraud and Abuse Act (CFAA). The legislation prohibits unauthorized access to someone else’s computer, computer system or network with intent to view, save or copy confidential information. The Rhode Island House plans a floor vote Tuesday. Opponents say the bill is too vaguely worded and could penalize innocent activity by researchers and whistleblowers. A less-criticized Washington state law that also prohibits unauthorized access into computers took effect Thursday.
Wearables, whether worn on the wrist or embedded in clothing to monitor physical activities and other wellness metrics, are fast being adopted. Many people are freely sharing their personal data with friends, family and even device manufacturers. But the consumer-facing wearables industry doesn't have a lot of privacy guidance on collecting, storing and sharing users' personal data, said authors of a new report from Center for Democracy and Technology and Fitbit as well as several observers.
The FCC's broadband overbuild condition put on Charter Communications' buys of Time Warner Cable and Bright House Networks is under fire in the form of multiple petitions to reconsider filed Friday in docket 15-149. One, from American Cable Association, seems aimed at challenging the agency in court after administrative options are exhausted, multiple cable industry lawyers told us Friday. One of the preparers of the ACA petition is Jeffrey Lamken of MoloLamken, who specializes in appellate practice. "We made a strong compelling case the FCC likely didn't consider fully its adoption of the order and are hopeful the FCC will consider," ACA Senior Vice President-Government Affairs Ross Lieberman said. "If not, we will decide what to do next, if anything. All options are on the table." The FCC and Charter didn't comment.
Wearables, whether worn on the wrist or embedded in clothing to monitor physical activities and other wellness metrics, are fast being adopted. Many people are freely sharing their personal data with friends, family and even device manufacturers. But the consumer-facing wearables industry doesn't have a lot of privacy guidance on collecting, storing and sharing users' personal data, said authors of a new report from Center for Democracy and Technology and Fitbit as well as several observers.