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Global Media and Communications Watch

The International Legal Blog for the Tech, Media and Telecoms Industry

Posted in Policy & Regulation, Spectrum, Telecoms & Broadband Trey Hanbury

FCC Announces Participants in Auction 103

In a Public Notice released October 7, 2019, the Federal Communications Commission (FCC) announced the status of the 39 short-form applications for Auction 103, which is scheduled to begin on December 10, 2019. Auction 103 will offer 14,144 licenses covering some 3,400 megahertz of spectrum in the Upper 37 GHz, 39 GHz, and 47 GHz bands.

The FCC announced 29 complete and 10 incomplete applications for Auction 103. All applicants with complete applications will become qualified bidders upon receipt by the FCC of the required upfront payment by October 22, 2019. Applicants with incomplete applications must correct any deficiencies and remit the upfront payment by the October 22, 2019, deadline.

AT&T, Sprint, T-Mobile, US Cellular, Verizon, and DISH have filed to participate in the competitive bidding process.  None of the major cable companies appear to have submitted applications.

Applicants typically apply through subsidiaries, many of which have fairly inscrutable names.  But the FCC tracks real parties in interest, and the chart below compares the applicant name against the real parties in interest.

Complete Applications

Incomplete Applications

 

 

Posted in Technology

Tech events – Autumn 2019

London: Tech – Who Wins? Who Loses?  

20 years after the bursting of the dotcom bubble, the business of technology is more turbulent than ever.

As regulators and politicians pose difficult questions about digitalisation, how will that impact those who put technology at the heart of their business models? Do big deals and digital transformation which blur the boundaries between tech and other sectors come with new risks – for tech companies and their more traditional rivals? What will soaring valuations mean if a downturn comes?

In several events this autumn, we explore what these issues mean. Not just for the traditional tech sector but for every company which sees tech as its future, and for their investors and advisors too.

Tech M&A European roadshow

A view from Silicon Valley on today’s hot topics in the tech M&A marketplace. Invite your clients to join us in Munich, London and Moscow for informative sessions looking at:

  • What makes tech M&A different from “old economy” M&A?
  • “Old economy” companies as buyers of tech companies, and related cultural challenges
  • The current tech M&A landscape in Munich, London and Moscow as well as the U.S. and globally
  • Cross-border tech M&A activity between these juristictions – U.S-style vs. European-style deal documentation
  • Valuing tech acquisition targets – metrics and methodologies

We hope you can join us!

Continue Reading

Posted in Policy & Regulation Mark BrennanArpan SuraJohn Castle

California Enacts Another CCPA – Robocall Legislation

On October 2, 2019, California Governor Gavin Newsom signed the Consumer Call Protection Act of 2019 to address the rise in deceptive robocalls and protect California consumers from fraudulent calls.

The law requires telecommunications service providers to implement Secure Telephony Identity Revisited (STIR) and Secure Handling of Asserted information using toKENs (SHAKEN) protocols by January 1, 2021.  These protocols are designed to attest to the authenticity of caller identification data and provide service providers with information to help ensure that calls are not spoofed.  Carriers may also implement an “alternative technology” as long as it “provides comparable or superior capability to verify and authenticate caller identification for calls carried over an internet protocol network.”  Demonstrating a “good faith” effort to implement STIR/SHAKEN will serve as a defense against a claim that a service provider failed to meet the STIR/SHAKEN deadline.  The law does not require carriers to block calls. Continue Reading

Posted in International/EU privacy Eduardo UstaranKatie McMullan

CJEU: Consent on the Internet Means ‘Opt-In’

On 1 October 2019, the Court of Justice of the European Union (CJEU) handed down a crucial decision impacting the way that consent is obtained on the internet. The judgment relates to Case C-673/17 (Planet49 – a previous post outlining the background can be found here).

In the Planet49 case, the German Federal Court referred a number of questions to the CJEU regarding the validity of consent to cookies placed by a website operating an online lottery. The questions before the CJEU amounted to the following:

1.  Does a pre-checked box allow for valid consent to be obtained for the placement of cookies?

2.  Does it matter whether information stored or accessed using cookies constitutes personal data?

3.  Must users be provided with information concerning the duration of operation of the cookies and whether third parties are given access to them?

Despite the apparent simplicity of the questions, the CJEU’s decision needed to take into account the interaction of various pieces of legislation. The requirement for consent before cookies are placed originates from Directive 2002/58 (ePrivacy Directive), but the requirements for valid consent are now found in the General Data Protection Regulation 2016/679 (GDPR). To complicate matters, the facts and the initial hearing in this case occurred before the GDPR came into effect, when Directive 95/46 (Data Protection Directive) was the applicable law, so the considerations given by the CJEU to the concept of consent were primarily based on the provisions of the Data Protection Directive. However, somewhat surprisingly, the CJEU’s conclusion on what amounts to valid consent under the Data Protection Directive essentially matches the GDPR definition of consent.

Continue Reading

Posted in Policy & Regulation, Technology Tony LinGeorge John

World Satellite Week Brings Smallsats and CSSMA to Paris

The Commercial Smallsat Spectrum Management Association (CSSMA) held its second meeting of 2019 in Paris on September 10, during World Satellite Business Week. CSSMA members gathered at the office of the French Centre National D’Études Spatiales (CNES) for a half-day session featuring industry updates and presentations. Approximately thirty CSSMA members, along with CNES and U.S. National Oceanic and Atmospheric Administration (NOAA) representatives, participated.

During the meeting, CSSMA announced its new officer board. Michael Miniero of Hawkeye 360 will serve as chairman, Nick Spina of Kepler Communications as president, Emilie Siemssen of GomSpace as secretary, Bruce Henoch of Hiber as treasurer, and Beau Backus of the NOAA National Environmental Satellite, Data, and Information Service as government liaison. CSSMA also announced the addition of eight new members and a focus on identifying more members in the Asia Pacific region in 2020.

The day began with World Radiocommunication Conference (WRC) 2019 updates from the CSSMA International Working Group.

  • Agenda Item 1.2: This item considers imposing earth station power limits in 399.9-400.05 MHz (399 MHz) and 401-403 MHz (400 MHz) and grandfathering systems for a limited period.
  • Agenda Item 1.3: There is almost unanimous support to include a primary allocation for the Earth Exploration-Satellite Service (EESS) and Meteorological Satellite Service (MetSat) in the 460-470 MHz band.
  • Agenda Item 1.7: This item proposes to add a Space Operations (Space Ops) allocation in the 137-138 MHz, 148-149.9 MHz, and/or 403-405 MHz bands for short-duration non-geostationary satellite orbit (NGSO)
  • Agenda Item 7 (Issue A): This item discusses how the ITU bring-into-use rules should apply to NGSO satellite kilo-constellations.
  • Agenda Item 10: This item invites future agenda item suggestions. There are proposals for (i) new inter-satellite service allocations in the Mobile-Satellite Service and Fixed-Satellite Service bands above L-band, and (ii) new L-band and S-band frequency allocations for NGSO MSS Internet-of-Things (IoT) applications. The proposed allocations can reduce spectrum congestion in the typically utilized EESS, MetSat, and SpaceOps frequency bands.

The meeting also included several presentations from members and industry stakeholders. The German Aerospace Center told members about its new project involving the nanosatellite mission, S-NET, which will demonstrate multipoint S-band inter-satellite link. Kineis described its plans for the Argos hosted payload system, including a constellation of smallsats to support IoT connectivity. Participants also heard from new CSSMA members Hiber and Axelspace. Hiber presented its systems which provide low cost, low power IoT connectivity. Axelspace presented its pioneering microsatellite technology, which the company uses to expand access to space imagery data.

Looking Forward

Following a successful meeting with the Space Frequency Coordination Group earlier this year, the Paris meeting highlights the continued international growth of CSSMA. The next meeting is expected to be held in in February 2020 after the SmallSat Symposium in Mountain View, California.

Posted in Data Protection & Privacy

Privacy and Cybersecurity October 2019 Events

Please join us for our October Events.

October 15
Privacy + Security Forum
Bret Cohen is a speaker on the panel “The Notice Trap: When and How to ‘Inform,’ Provide ‘Explicit Notice,’ and ‘Disclose’ Under the CCPA” at the Privacy + Security Academy’s Privacy + Security Forum.
Location: Washington, D.C.

October 15
Privacy + Security Forum
Pete Marta is a speaker on the panel, “Best Practices for Preparing a Ransomware-Related Cyber Incident Response Plan,” at the Privacy + Security Academy’s Privacy + Security Forum.
Location: Washington, D.C.

October 15
Privacy + Security Forum
Tim Tobin is a speaker on the panel, “A Path to Anonymization: Through the Telecom and Health Lenses” at the Privacy + Security Academy’s Privacy + Security Forum.
Location: Washington, D.C.

October 15
Privacy + Security Forum
Britanie Hall is a speaker on the panel, “The Evergreen Privacy Program: How to Move Beyond the CCPA and GDPR Compliance Dates and Structure and Get Budget for More Everlasting Programs” at the Privacy + Security Academy’s Privacy + Security Forum.
Location: Washington, D.C.

October 15
Converge2Xcelerate Conference
Melissa Bianchi is a speaker on the panel, “Does a New Health Paradigm Impact Rights to Privacy and Personal Data?” at  the Converge2Xcelerate Conference.
Location: Boston

October 16
Privacy + Security Forum
Eduardo Ustaran is a speaker on the panel, “Data Transfer Mechanisms: Where Do We Go From Here?” at the Privacy + Security Academy’s Privacy + Security Forum.
Location: Washington, D.C.

October 17
Women, Influence & Power in Law Conference
Harriet Pearson will speak on the panel, “Protecting Your Data & Cybersecurity Post Acquisition,” at the Women, Influence & Power in Law (WIPL) Conference.
Location: Washington, D.C.

October 18
2019 Privacy and Access Law Symposium
Eduardo Ustaran will discuss legislative developments and practical compliance issues as they may impact Canadian organizations operating in Europe and the U.S. at The Canadian Bar Association Access to Information and Privacy Law Symposium.
Location: Ottawa, Ontario, Canada

October 23
ADAS & AV Legal Issues & Liabilities World Congress
Tim Tobin will present on existing regulations and regulatory guidelines, the common challenges; including industry voluntary guidelines and federal legislation at the ADAS & AV Legal Issues and Liabilities Conference.
Location: Novi, Michigan

October 24
Institutional Investor Legal Forum
Pete Marta will moderate the panel, “Cybersecurity: Confronting and Existential Threat,” where he will examine the current and emerging threat landscape, outline how firms are responding and consider the role of legal function in that program at the Institutional Investor Legal Forum’s Fall Roundtable.
Location: Washington, D.C.

October 24
Connect Cloud One
Harriet Pearson is a featured speaker at Connect Cloud One, a conference hosted by Accel and Salesforce Ventures for cloud company CEOs and investors.
Location: New York City

October 25
EEI Fall Legal Conference
Mark Brennan will speak on the panel, “Electricity & Telecommunications: A Primer on FCC Issues Affecting Electric Companies” at the EEI 2019 Fall Legal Conference.
Location: Philadelphia

Posted in Cybersecurity

All-Day Workshop: Privacy and Cybersecurity KnowledgeShare (Agenda & Speakers Announced)

Join us on Thursday 19 September for the Hogan Lovells Privacy and Cybersecurity KnowledgeShare in London.

We will share our latest thinking on the key privacy and cybersecurity issues faced by those with data protection responsibilities within organisations. Our all-day event will cover a lot of ground through incisive quick-fire presentations, Q&A panels and hands-on workshops.

We are particularly excited to announce that we will be joined by guest speakers:

  • James Dipple-Johnston; Deputy Commissioner (Operations) at the UK Information Commissioner’s Office
  • Jannine Aston; Director, Privacy Policy & Compliance, INTL at Verizon
  • Lien Ceulemans; Vice President and Associate General Counsel, Global Privacy at Salesforce

Date, Time & Agenda:

Thursday, 19 September 2019

08:30    Registration

09:00   Presentations:

  • Nailing the basics – key issues to get to grips with in the next six months
    • Lawful grounds for processing
    • People’s rights
    • Data Protection Impact Assessments
    • Regulatory engagement
  • Enforcement and the real risk-based approach (Q&A)
  • Addressing the challenges of the digital economyArtificial intelligence
    • Life sciences issues
    • Biometrics and facial recognition
    • IoT and product development
  • Making it all work in practice (Panel Discussion)

12:45    Lunch
14:00   Workshops

  • Cybersecurity – Prevention and incident response
  • Developing an international data transfers strategy – From SCC to BCR and beyond
  • e-Privacy: The impact of cookie consent
  • Regulatory investigations – Are you ready?
  • Brexit – A plan to cope with uncertainty?
  • Making sense of CCPA

16:30   Reception

Location:

Hogan Lovells
Atlantic House
Holborn Viaduct
London EC1A 2FG

Registration:

You can register for the event by contacting our business development advisor, Joshua Prietzel.

Posted in intellectual property Anthonia GhalamkarizadehEugene Low

esports: IP opportunities and risks for brand owners

“esports” is competitive video gaming at a professional level. This space is attractive to brand owners for targeting today’s saturated audiences with innovative forms of advertising.

Combined revenues in the esports industry are expected to grow to US$ 1.4 billion by 2020. It is attracting investors from across diverse sectors, including technology, consumer goods, traditional sports and financial institutions.

We’re seeing new regulatory incentives on national and international levels and we’re observing self-regulation of IP ownership in the complex network of individual IP contributions that drive this industry.

Click here for our taster video

Posted in Cybersecurity

Privacy and Cybersecurity September 2019 Events

Please join us for our September events.

September 11
Data and Privacy in the Autonomous Car
Tim Tobin will speak on the webinar, “Data and Privacy in the Autonomous Car, What New Questions Might We Face?” presented by the Privacy + Security Forum. To register, please click here.
Location: Webinar

September 13
Medical Technology Executive Forum
Paul Otto will speak on cybersecurity & patient safety at the Medical Device Manufacturers Association’s 12th Annual Medical Technology Executive Forum.
Location: Palo Alto, California

September 16
Association of Independent Research Institutes Annual Meeting
Melissa Bianchi and Bret Cohen will discuss how AIRI institutes can best comply with the requirements and challenges presented by the GDPR as well as HIPAA, and other regulations during the panel, “The New Alphabet Soup of IT Compliance: GDPR, HIPAA and Other Regulations,” at the AIRI 2019 Annual Meeting.
Location: Washington, D.C.

September 18
Bloomberg Law Leadership Forum D.C.
Bret Cohen will speak on the panel, “Anticipating the Costs in Emerging Challenges,” at the Bloomberg Law Leadership Forum D.C.
Location: Washington, D.C.

September 19
Full-Day KnowledgeShare
The Hogan Lovells Privacy and Cybersecurity KnowledgeShare will share the latest thinking on the key privacy and cybersecurity issues faced by those with data protection responsibilities within organisations. The all-day event will cover a lot of ground through incisive quick-fire presentations, Q&A panels and hands-on workshops. To register, please click here.
Location: London

September 24
IAPP P.S.R. 2019
Chris Wolf will introduce excerpts from the play “Right to Be Forgotten” (to be premiered at Arena Stage in October) and will moderate a post-performance Q&A at the IAPP Privacy. Security. Risk. 2019 Conference.
Location: Las Vegas

September 24
IAPP P.S.R. 2019
Bret Cohen will discuss strategies for incorporating CCPA contracting into a company’s existing vendor management program during the session, “We Have to Do it Again? Vendor Management and Contracting After the CCPA,” at the IAPP Privacy. Security. Risk. 2019 Conference.
Location: Las Vegas

September 25
IAPP P.S.R. 2019
Michelle Kisloff will share insights and strategies for professional development during the panel, “Habits of Highly Effective Privacy and Security Professionals,” at the IAPP Privacy. Security. Risk. 2019 Conference.
Location: Las Vegas

September 25
IAPP P.S.R. 2019
Bret Cohen will explore what legislators and regulators think compatibility means during the session, “Searching for Compatible Uses in a Post-GDPR, Post-CCPA World,” at the IAPP Privacy. Security. Risk. 2019 Conference
Location: Las Vegas