“For years, the plaintiffs’ bar has conjured multibillion-dollar class action lawsuits out of largely intangible privacy harms. This wave of litigation is increasingly driven by federal and state statutes that include private rights of action and allow for excessive statutory damages. Given the willingness of some courts to let cases proceed despite a lack of
Category Archives: Technology, Media & Telecoms
Subscribe to Technology, Media & Telecoms RSS FeedUpdate on FCC 5.9 GHz band rule-making
On May 14, 2019, Federal Communications Commission (FCC) Chairman Ajit Pai announced plans to open a rule-making to take a “fresh look” at the 5850-5925 megahertz (MHz) (5.9 gigahertz (GHz)) spectrum band. Initial reports suggested that the FCC would take the issue up in June, but the 5.9 GHz rule-making was not included on the
Study shows complexity and uncertainty of IoT regulation in Europe
A Hogan Lovells study comparing of regulatory requirements in the European Union, United States, and China shows the complexity and uncertainty of the regulatory framework relevant to Internet of Things (IoT) in Europe. The number of telecoms regulatory constraints affecting IoT in the EU is almost twice as high as in the United States and
Hogan Lovells publishes Demystifying the U.S. CLOUD Act
Hogan Lovells has published Demystifying the U.S. CLOUD Act, a detailed analysis of the impact of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) on non-U.S. businesses and individuals who use cloud storage solutions.
NOAA Hosts First Ever Interagency Satellite Workshop
In October, the US National Oceanic and Atmospheric Administration (NOAA) brought together NOAA licensees and prospective licensees and representatives from across the federal government for a workshop on U.S. satellite licensing and compliance regulations. The first of its kind, this three-day event was designed to promote transparency and awareness about government processes and to improve
CMS proposes requiring drug prices in TV ads
On October 15, CMS released a proposed rule titled “Medicare and Medicaid Programs: Drug Pricing Transparency,” which would require direct-to-consumer (DTC) advertisements for prescription drugs covered by Medicare or Medicaid to include the Wholesale Acquisition Cost (WAC). This proposed rule resembles a rejected Senate amendment to the FY-2019 Labor-HHS-Education appropriations bill (analyzed here) that would
Privacy and common standards underpin UK Government’s strategy for technology-driven healthcare
The UK Department of Health and Social Care (DHSC) has published a new policy paper “The future of healthcare: our vision for digital, data and technology in health and care” setting out the UK’s approach to using the best technology available in the National Health Service (NHS) and social care sector to provide better care
Eighth Circuit Finds that Bare “Technical Violations” of the TCPA Do Not Establish Standing
In St. Louis Heart Center v. Nomax, Inc., the Eighth Circuit held that an “alleged failure to provide a technically compliant opt-out notice” in a fax advertisement, without more, does not give a plaintiff Article III standing to bring a Telephone Consumer Protection Act (“TCPA”) claim. The Eighth Circuit’s decision requires that the alleged injury
Bills Introduced to Amend the Telephone Consumer Protection Act
Both Chambers of Congress are considering legislation that would amend the Telephone Consumer Protection Act (“TCPA”). Introduced in the House by Congressman Pallone (H.R. 6026) and in the Senate (S. 3078) by Senator Markey, the Stopping Bad Robocalls Act adds a new definition, “robocall,” in place of “automated telephone dialing system.” The new term would
RICO Complaint Settlement Highlights TCPA Abuse by Plaintiffs’ Law Firms; Serial Plaintiffs and Cy Pres Awards Continue to Flourish
As the number of frivolous Telephone Consumer Protection Act (“TCPA”) class actions continues to grow unabated, the potential rewards have even led to alleged criminal activity by plaintiff firms seeking to game the system. A recently settled Racketeer Influenced and Corrupt Organizations Act (“RICO”) complaint showcases a particularly egregious series of allegations that several plaintiffs’
Legislative and Regulatory Update on Federal Supply Chain Risk Management
The U.S. Government is renewing its focus on mitigating technological risks by regulating the supply chain for various goods and services. To achieve these goals, Congress and agencies have introduced, and in some cases enacted, legislation and regulations that direct agencies to identify, assess, and mitigate supply chain risks generally as well as prohibit agencies
Cross-sector code of conduct for AI – a solution with substance?
On 16 April 2018 the House of Lords Select Committee on Artificial Intelligence published a wide-ranging report on the status of artificial intelligence (“AI”) in the UK. The report, entitled “AI in the UK: ready, willing and able?” (available here), provides comprehensive coverage of critical issues relevant to the development and use of AI in
OECD publishes issues paper on blockchain and competition law
Competition law questions are increasingly raised in the public debate about the blockchain technology. While there is yet to be any investigation in this field, the policy debate about applying competition law instruments to this disruptive, decentralised technology is heating up. The latest and probably most comprehensive approach to structuring the discussion comes from the
“New Deal for Consumers” – draft package adopted by the European Commission
The European Commission has adopted a “New Deal for Consumers” package which aims to empower consumers, promote fairness and build trust across the single market. The package was adopted by the Commission in response to an evaluation on EU consumer protection and marketing directives. The evaluation found such laws need to be better applied, enforced
FCC set to initiate “small satellite” Notice of Proposed Rulemaking
On 27 March 2018, the FCC released a draft of its Notice of Proposed Rulemaking (NPRM) (which was adopted on 17 April 2018) seeking comments on proposals to streamline the licensing process for “small satellites,” more commonly known as “smallsats.” By initiating this proceeding, which has been long-anticipated by the smallsat community, the FCC will
Spring is the Season for Satellites! Hogan Lovells Hosts CSSMA Meeting and the First “SatelliteEves” Women in Space Event
Every spring, thousands of satellite industry stakeholders descend upon Washington, DC for the industry’s premier satellite conference. This year, the Satellite 2018 conference drew over 14,500+ satellite and space industry stakeholders, including many companies driving innovation and growth in the smallsat sector. In support of the smallsat industry, Hogan Lovells and attorneys Tony Lin and
FCC Avoids Shutdown For Now, But Continued Threat Looms Over TMT Sector
The federal government is open. But less than three weeks remain under the current reprieve and another shutdown seems possible. Although the Federal Communications Commission tapped on-hand fees to support uninterrupted operations earlier this week, the FCC will start to run out of time – and money – if the stalemate over the budget continues
Connected Vehicles in Focus at 2018 CES
In addition to displaying a wide array of next-generation connected vehicle technologies, the 2018 Consumer Electronics Show (“CES”) hosted lively discussion of the new possibilities that will be created as vehicles become capable of seamlessly communicating with other vehicles, infrastructure, and pedestrians. In one panel, Connected Vehicles in Connected Ecosystems, participants from across industries explored
Ending the Twilight Saga: FCC Proposes Slashing Regulations to Speed Broadband Deployment
The FCC has proposed to exclude so-called “Twilight Towers” from routine historic preservation review under Section 106 of the National Historic Preservation Act (“NHPA”) and its regulations. Section 106 requires a federal agency to engage in a consultation process, which involves identification of a project’s adverse effects on historic and cultural properties and engagement with
Digital Antitrust – Outlook for the European Antitrust Year 2018
With the New Year only a few days old, we want to present a short outlook what to expect from European antitrust enforcement in 2018, with a particular focus on Germany. One theme that is likely to feature even more than last year is the impact of antitrust law on digital markets. Antitrust law has become a force for disruption in the world of tech. Multi-billion fines for online platforms which are considered not to be sufficiently neutral. Dawn raids for denied access to data. Transactions blocked or unwound if a unicorn is acquired by the wrong player.
FCC Commissioners Debate Adjustments to Merger Review Standard
In the first major transaction approval under Ajit Pai’s Chairmanship, the Federal Communications Commission (“FCC”) recently approved, subject to targeted, transaction-specific conditions, license and authorization transfers in connection with CenturyLink’s $34 billion acquisition of Level 3. The FCC’s recitation of its merger review standard in its order (the “CenturyLink-Level 3 Order”) differed somewhat from the description
#Ad and the challenges of native advertising and social influencers
Westminster Media Forum recently hosted a seminar to discuss native advertising and social influencer marketing and their measurement, regulation and impact on brands. Industry insiders, advertising agencies, content producers, publishers, influencers and regulators joined forces to discuss the challenges faced by these new models of advertising. Central to these latest trends is the shift in
New Study Highlights Spike in TCPA Litigation Since 2015 FCC Decision
A new study has found that litigation involving the Telephone Consumer Protection Act (“TCPA”) has increased 50 percent since the Federal Communications Commission released its July 2015 “Omnibus” Declaratory Ruling and Order, which had purported to clarify several issues around the agency’s TCPA rules. As explained below, this continuing trend is one of many reasons
FCC Launches Proceeding to Examine 911 Capabilities of Enterprise-Based 911 Services on Multi-Line Telephone Systems
The FCC intends to launch a new proceeding to examine issues related to 911 capabilities of enterprise-based 911 services provided over multi-line telephone systems (MLTS) and IP-based systems (collectively referred to as “Enterprise Communications Systems” or “ECS”). Last week, the FCC released a draft Notice of Inquiry (“NOI”) examining the 911 capabilities of MLTS and