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Focus on Regulation

Tag Archives: Net Neutrality

What blockchain can learn from the net neutrality debate: antitrust and regulatory aspects of “paid prioritization” for a nascent technology

First come, first served. That’s not the principle behind the clearance of Bitcoin transactions. Equally for other blockchain technology networks, the relevant factor to get a transaction on the next available block is not time, but often: money. “Paid prioritization” is a reality. Miners will first pick and clear those transactions which will most highly

Court of Appeals Upholds FCC’s Open Internet Order

In a major victory for the Federal Communications Commission’s democratic majority, the U.S. Court of Appeals for the D.C. Circuit upheld the FCC’s 2015 Open Internet Order on June 14, 2016.  The 2-1 decision by the D.C. Circuit Court of Appeals likely is not the last word on net neutrality because broadband service providers will

U.S. FCC Decision Triggers Potential Sea Change in Broadband ISP Data Privacy and Security Requirements

In its recent Open Internet Order (“Order”), the U.S. Federal Communications Commission (“FCC”) determined that broadband Internet access services are appropriately classified as common carrier “telecommunications services” under the Telecommunications Act of 1996.  In doing so, the agency established itself as the primary U.S. data privacy and security regulator for those services and triggered additional

U.S. FCC Chairman Announces Title II Net Neutrality Proposal

Coming on the heels of an op-ed in Wired Magazine and a more detailed U.S. FCC-released “Fact Sheet,” FCC Chairman Tom Wheeler has proposed Open Internet “net neutrality” rules to the other FCC Commissioners and scheduled a vote on the rules for the FCC’s Open Meeting on February 26, 2015.  As discussed below, these rules

EU Continues Move toward Stricter Network Neutrality Obligations

If new European Union proposals are implemented, European broadband providers may need to comply with expansive network neutrality obligations that are both similar to and different from earlier Federal Communications Commission (FCC) rules. Citing the need for harmonized regulation, European regulators have taken a number of steps this fall toward strengthening Open Internet protections.

Seven Legacies of the Genachowski Era: Part One of Two

Amid widespread speculation that the current Chairman of the Federal Communications Commission Julius Genachowski will soon leave the agency, what legacy will he leave behind? In a recent Washington Post interview, the Chairman observed, “One thing I learned from my predecessors is that people don’t remember the day-to-day battles, but they remember you got it done.”

Roamin’ Holiday? Court OK’s FCC’s Data Roaming Rules; Hogan Lovells Part of Successful Appeal

On Dec. 4, 2012, the United States Court of Appeals for the District of Columbia Circuit issued a 30-page order upholding the FCC’s 2011 decision to require data roaming for wireless Internet providers. Verizon Wireless had appealed the order, asserting that because the Communications Act only provided for roaming for common carriers, not for other

Net Neutrality: A Solution in Search of a Problem

Dan Brenner, a partner in the Communications Practice in Washington, D.C., recently authored an article on Net Neutrality for Forbes.com.  He discusses  the political debate surrounding Net Neutrality as both parties have included the issue in their party platforms.  Click here to read the full article.