Archives: Policy and Regulatory Positioning

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Private Right of Action Under Canadian Anti-Spam Legislation Suspended Indefinitely


On June 7, 2017, the Canadian government announced that it is suspending indefinitely the private right of action provided for by Canada’s Anti-Spam Legislation (“CASL”), which sets forth the country’s regime of disclosures, consent, and unsubscribe requirements for commercial electronic messages and installation of computer programs, w… Continue Reading

White House Releases Cybersecurity Executive Order

White House

On May 11, 2017, the White House released its long-awaited Executive Order on cybersecurity (EO). The EO directs Executive Branch agencies to develop plans to assess and improve the cybersecurity of their own operations, based on the 2014 NIST Cybersecurity Framework; directs law enforcement and national security agencies to work with providers of cri… Continue Reading

It’s Official: Privacy and Security Rules from Wheeler Era Repealed

On Monday, April 3, President Trump signed a bill repealing the privacy and security rules introduced in the FCC’s October 2016 Order.  Under the terms of the Congressional Review Act (CRA), those rules have now been entirely repealed, the FCC is restricted from implementing “substantially similar” rules in the future, and the congressional act… Continue Reading

New FCC Stays ISP Data Security Rules from Wheeler Era

Secured data transfer

On Wednesday, the Chairman Pai-led FCC adopted an Order granting a stay of the data security rules that were adopted as part of the Commission’s 2016 Privacy Order spearheaded by former FCC Chairman Wheeler. The stay will maintain the data security rules that have been in place for several years, but suspend implementation of the expanded data security r… Continue Reading

New FCC Chairman Moves to Roll Back Privacy Rules for Internet Service Providers

Data protection, internet security flat illustration concepts

Ever since the presidential election and the replacement of former Obama administration FCC Chairman Tom Wheeler with former Republican commissioner and now Chairman Ajit Pai, communications industry and privacy policy observers of all stripes have expected the new FCC to roll back much or all of the agency’s pre-election (October 2016) privacy Ord… Continue Reading

Comments Sought of FCC Privacy Regime

On Friday, the Federal Register published the FCC’s January 17th Public Notice of the fact that eleven Petitions for Reconsideration were filed in the Broadband Privacy proceeding (WC Docket No. 16-106).  The Petitions challenge various aspects of the FCC’s new ISP privacy regime, and were filed by ISP and cable trade groups as well as by advertiser… Continue Reading

Webinar Recording: FCC’s New Privacy Rules (Part 2)


Notice, Choice, and Prospects in the New Administration

The FCC adopted new privacy and security rules for telecommunications carriers—including ISPs—on October 27. In this second of two webinars in DWT’s series examining the rules, DWT experts analyzed the core Notice and Choice rules’ requirements, provided perspectives on differences w… Continue Reading

Webinar Recording: FCC’s New Broadband Security Rules (Part 1)

Do you know what’s required to comply with the Federal Communications Commission’s new broadband security and data breach rules?

DWT experts in the privacy and communications fields walked through the answers step-by-step in the first of two webinars examining the FCC’s privacy regime in-depth. We described the

  • phase-in schedule for the rules
  • e
Continue Reading

Compliance Clock Begins to Tick for BIAS Providers Following Publication of Privacy Rules in the Federal Register


The FCC’s new privacy rules were published in the Federal Register last Friday, December 2, 2016.  The publication of these rules initiates the period in which broadband ISPs must come into compliance with the agency’s sweeping new rules.

As summarized in our prior posts, the FCC’s Privacy Order, adopted Nov. 2, 2016, imposes broad new rules that a… Continue Reading

The FCC Privacy Rules: What You Need to Know

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Following the approval of the FCC’s new privacy rules on October 27, ISPs need to address a number of issues, including opt-ins and opt-outs as well as information security programs. To help you prepare, the DWT team has prepared a two-part webinar series.

FCC Privacy Rules, Part 1: PlanContinue Reading

Hotly Anticipated Broadband Privacy Order Released by FCC

On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a common carrier telecommunication service under Title II of the Communications Act, and over the strenuous dissent of both Republi… Continue Reading

Feeling Lost in a Storm After Suffering a Data Breach?

The FTC Issues Guidance on How to Batten Down the Hatches


When faced with a data breach, it’s easy for companies to feel like they’re attempting to navigate a storm without a rudder.

To provide a guiding light to companies, the Federal Trade Commission (“FTC”) recently issued a guide for businesses, with an accompanying video and blog post, o… Continue Reading

FCC Releases Text of Broadband ISP Privacy Rules

Privacy key

The Federal Communications Commission released the full text of its anticipated privacy rules for internet service providers (ISPs), telecommunications carriers, and interconnected VOIP providers.

Broadly speaking, these rules require covered providers to:

  1. notify customers of their uses of data;
  2. permit customers to opt-in to uses of sensitive da
Continue Reading

It’s Official: The FCC Has Adopted New Privacy and Security Rules for ISPs Following a 3-2 Vote Along Partisan Lines

DWT is committed to providing the latest updates on the FCC’s privacy rules. Please see our special blog post series on the FCC’s new privacy rules.

Today, the FCC formally adopted on a 3-2 party-line vote an order that enacts a new privacy and security regime for Internet service providers (ISPs).  While it may be several days before the official orde… Continue Reading

Fact-Checking the FCC’s Fact Sheet on Broadband Consumer Privacy

Last Thursday, the FCC released a Fact Sheet announcing Chairman Wheeler had circulated to his fellow Commissioners a proposed Order with new privacy rules for ISPs, along with some high-level details of his proposal.  At the same time, the Chairman posted a blog titled “Protecting the Privacy of Broadband Customers” – a title that implies there i… Continue Reading

Is Your Business Ready to Wield the Privacy Shield?

Beginning August 1, U.S.-based companies that self-certify their compliance with the EU-U.S. Privacy Shield will be able to import data under the new data transfer framework. But how can your company best prepare?

Companies in the United States may be excited that the EU-U.S. Privacy Shield – the new trans-Atlantic data transfer compact approved by th… Continue Reading

What if Apple and the FBI went to SCOTUS?

Davis Wright attorneys Robert Corn-Revere and Ronald London recently argued the privacy and First Amendment interests in a “moot Supreme Court” session at the Newseum that sought to approximate appellate review of the issues arising out of the FBI’s effort to access the smart phones of the suspects in the San Bernardino shootings.

In the original r… Continue Reading

Nebraska and Illinois Update Breach Notice Requirements

The data breach notification laws for Nebraska and Illinois have been updated  to expand the definition of “personal information” to include usernames and email addresses in combination with a password or security question and answer allowing access to an online user account.

In addition to expanding the scope of covered information, Nebraska… Continue Reading

Top Takeaways from IAPP

The world of privacy grows every day as more data goes through the cloud. The new trends and weekly data breaches make conferences like the Global Privacy Summit all the more relevant.

Earlier this month we went to IAPP’s annual event and networked with many professionals in the privacy sphere. Here were some of our key takeaways:

1. Connect with your FBI Continue Reading

Open Internet Webinar


Keeping up with the Latest Happenings at the FCC, Capitol Hill, and Beyond
Tuesday, April 26, 2016
2:00 – 3:00 p.m. EDT

As the Obama Administration winds down, the FCC has moved forward with a series of Internet-related initiatives in quick succession including new rules impacting Lifeline and Open Internet and proposed privacy rules. Please join us as w… Continue Reading