The Federal Communications Commission (“FCC” or “Commission”) completed its first Broadband Data Collection (“BDC”) on September 1, 2022.[1] The Commission is now accepting and evaluating bulk challenges to the FCC’s Broadband Serviceable Location Fabric (“Fabric”), which serves as the foundation for the FCC’s upcoming broadband data map. To ensure the most accurate broadband map
Data Security
Meeting Customers’ Heightened Expectations on Data Security and Integrity
For years, the carriers have rejected commitments related to the security of customers’ voice and data communications traversing their networks. This entry focuses on how this position undermines the carriers’ interests in offering or partnering in the provision of data center and cloud computing services in which carriers must compete with established players or tech-savvy…
Privacy Bill of Rights and Enforceable Codes of Conduct: The Evolving Privacy Landscape
The Obama Administration’s consumer data privacy framework released last month will impact companies’ data collection, use, and retention practices, and raises complex legal issues. As explained in a recent article by Keller and Heckman LLP, the notion of codes of conduct developed through a multistakeholder process, to be enforced by the Federal Trade Commission (“FTC”),…
“Do Not Track” Continues to Gain Traction
Do you know whether and how your websites use “cookies” or other technologies to collect information from users and/or target advertising? Do you know what information is being collected and how it is being used? The Federal Trade Commission has endorsed an online “Do Not Track” mechanism, and recent inquiries, investigations, and lawsuits relating to…
Privacy Lessons Learned From the Borders Group Bankruptcy
The privacy implications of the sale of the bankrupt Borders Group’s consumer database to Barnes & Noble have been a focus of the Federal Trade Commission (“FTC”), state Attorneys General, and lawmakers, and the transaction highlights the need for companies to carefully draft and periodically review their privacy notices to consumers.
Privacy notices…
General Liability Insurance Policies and Cyber Attacks: Is Your Company Covered?
Companies should not assume that their general liability policies cover cyber attacks, and they should anticipate disputes from insurers when seeking defense and/or indemnity under these policies. This is illustrated by a Complaint filed by Zurich Insurance Company in the Supreme Court of New York against various Sony entities relating to claims for coverage after…
Do You Know Your Service Providers’ Privacy and Data Security Practices?
One trend in recent months is an increase in class action lawsuits and government investigations following a major data breach that compromises personal information. This serves to remind companies not only of the repercussions of a data breach, but also the importance of taking stock in the data they collect and share and integrating privacy…