Does the Recent Supreme Court Decision in Packingham Implicate ISPs’ Duty to Terminate Internet Access to Repeat Infringers Under the DMCA?

Does the Recent Supreme Court Decision in Packingham Implicate ISPs’ Duty to Terminate Internet Access to Repeat Infringers Under the DMCA?

Tony Veach
DMCA, Copyright

On June 19, 2017, the U.S. Supreme Court issued an opinion in Packingham v. North Carolina, striking down a North Carolina law that prohibited registered sex offenders from accessing social networking web sites that are used by minors. The Court invalidated the law because it “impermissibly restricts lawful speech in violation of the First Amendment.” Shortly after release of the opinion, various copyright experts and attorneys suggested the decision implicates the safe harbor provision in the Digital Millennium Copyright Act that requires Internet service providers to terminate Internet access service to repeat copyright infringers.

NTCA and US Telecom Seek Forbearance of USF Contributions for RLEC Broadband Internet Access Transmission Services

NTCA and US Telecom Seek Forbearance of USF Contributions for RLEC Broadband Internet Access Transmission Services

Tony Veach
USF, USF Contribution, Broadband

NTCA—The Rural Broadband Association and US Telecom have filed a joint petition requesting temporary forbearance from the application of universal service fund contribution rules to broadband Internet access transmission services provided by rural local exchange carriers. The two broadband associations are seeking forbearance pending the completion of comprehensive USF contributions reform.

Did Alexa Help Cover Up A Murder?

Did Alexa Help Cover Up A Murder?

Tony Veach
Privacy, Fourth Amendment

As part of an investigation of a possible murder, police detectives sought to obtain data from an Amazon Echo device. The case presents an excellent backdrop for examining legal issues that are arise out of the pervasive use of smart devices, the growing trend to connect everything to the Internet, and the massive amounts of data collected by Internet-connected devices.

FCC Approves New Average Schedule HCLS Formula For Second Half Of 2016

FCC Approves New Average Schedule HCLS Formula For Second Half Of 2016

Tony Veach
Rate-of-Return, Wireline, USF, Universal Service, NECA, Average Schedule

The FCC has approved the National Exchange Carrier Association’s modifications to the formula that will be used to calculate universal service high-cost loop support for average schedule rate-of-return carriers. The new HCLS average schedule formula – in effect from July 1, 2016 through December 31, 2016 – produces a 3.4 percent decrease in HCLS for average schedule study areas which is due to the decrease from 11.25 percent to 11 percent in the prescribed interstate rate of return.

The FCC’s Lifeline Modernization Order

The FCC’s Lifeline Modernization Order

Tony Veach
Broadband, Lifeline, USF

The Federal Communications Commission has released the Lifeline Modernization Order makes significant revisions to the rules governing the universal service Lifeline program. Among other important changes, the order sets new minimum Lifeline service standards for voice and broadband and gradually eliminates support for standalone voice service.

The A-CAM, A Brave New World: Rate-Of-Return Carriers Have Option To Move To Cost Model Regulation

The A-CAM, A Brave New World: Rate-Of-Return Carriers Have Option To Move To Cost Model Regulation

Tony Veach
Broadband, A-CAM, Rate-of-Return, USF

On March 30, 2016, the Federal Communications Commission released a Report and Order, Order and Order on Reconsideration, and Further Notice of Proposed Rulemaking that make significant changes to the universal service rules governing rate-of-return incumbent local exchange carriers. One of the most significant changes in the order gives some, but not all, rate-of-return ILECs the option to move to cost model regulation.

FCC Issues $1.44 Million Fine For Slamming

FCC Issues $1.44 Million Fine For Slamming

Tony Veach
Wireline, Slamming

The FCC has imposed a $1.44 million forfeiture against interexchange carrier Preferred Long Distance, Inc. for violating the FCC’s slamming rules. Preferred LD changed the long distance telephone carriers of 14 consumers without proper authorization, including by having telemarketers engage in misrepresentation.

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