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

Jared Bomberg

Posts by Jared Bomberg
Posted in Data Protection & Privacy Photo of Mark BrennanPhoto of Jared Bomberg

FCC Privacy Rules Break New Ground

On November 2, 2016 the Federal Communication Commission’s (FCC) released its long-awaited – and much debated – Report and Order adopting privacy rules for Internet Service Providers (ISPs).  In the Order, the FCC applied the Communications Act’s privacy requirements to broadband Internet access service (BIAS), which it called “the most significant communications technology of today.” Several of the FCC requirements are particularly notable for being more restrictive than the Federal Trade Commission’s (FTC) standards for consumer online privacy.  In this post we provide an overview of some of the new

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FTC Litigation Prompts Changes to Congressional Oversight

Close followers of the cases FTC v. Wyndham Worldwide Corp. and In the Matter of LabMD know that the litigation has prompted increased Congressional oversight of the Federal Trade Commission’s (FTC) data security enforcement practices.  Prior to Wyndham and LabMD, Congressional debates on the FTC’s data security practices centered on whether the Commission should have additional tools to address these issues, including traditional rulemaking authority to create new data security rules, civil penalty authority to fine violators, or authority over the activities of non-profit entities.  To the extent Congress questioned

Posted in Drones Photo of Lisa EllmanPhoto of Jared Bomberg

The Federal Aviation Administration’s De Facto Drone Privacy Standards

On August 29, 2016, the Federal Aviation Administration’s (“FAA”) long-awaited small unmanned aircraft systems (“UAS” or “drone”) rule went into effect, for the first time broadly authorizing commercial drone operations.  This is a positive step, as drones have great safety and efficiency benefits for the public.  Nevertheless, the American public remains concerned about drone privacy issues. The prevailing thinking among privacy watchers is that the FAA punted on the issue of drone privacy standards in the rule.  The rule does not include privacy-specific standards, and the FAA unequivocally stated that

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Congress Looking at Potential Energy-Sector Cybersecurity and Privacy Reform

Energy-sector cybersecurity and privacy is generating significant attention of late. Last month, the Federal Energy Regulatory Commission issued a final rule creating new standards for the cybersecurity of the electric grid. FERC followed this issuance with a report on electrical grid recovery and restoration planning that makes a number of recommendations for improved cyber-incident response and recovery plans. In parallel, the U.S. Congress is working on a variety of measures to combat perceived cybersecurity and privacy threats related to the powergrid. The failure of the powergrid in Ukraine due to

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Key U.S. Cybersecurity Provisions Signed into Law

Last month, tucked into a 2,000-page spending bill, the Cybersecurity Information Sharing Act of 2015 (CISA) was enacted into law. Years in the making, CISA is intended to incentivize organizations to share cyber threat indicators with the federal government and to promote the dissemination of this information to organizations facing similar threats. CISA sponsors and supporters hope that such information exchange will help organizations prepare for and respond more effectively to cyber threats. In addition to CISA, the spending bill included a number of other cybersecurity provisions covering topics ranging

Posted in Data Protection & Privacy Photo of Jared BombergPhoto of Paul Otto

U.S. Senate Passes Cybersecurity Information Sharing Legislation

After a prolonged debate and months-long consideration of amendments, on Tuesday the Senate passed S. 754, which includes the Cybersecurity Information Sharing Act (“CISA”) of 2015, by a vote of 74-21. CISA has the support of the White House and many industry stakeholders, but some of the most well-recognized privacy advocacy organizations oppose it. The House of Representatives must now decide whether to pass CISA or work with the Senate on compromise legislation that incorporates the House cybersecurity information sharing bills, H.R. 1560 and H.R. 1731. It remains to be

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NTIA Multistakeholder Process For Unmanned Aircraft Systems Takes Flight

On Monday, August 3, the National Telecommunications and Information Administration (NTIA) kicked off the multistakeholder process to develop best practices for commercial and private unmanned aircraft systems (UAS) use. As we previously reported, the NTIA action follows the White House’s February 15, 2015, Presidential Memorandum directing NTIA to lead private sector groups toward the creation of commercial UAS standards and the NTIA’s request for comments on privacy, transparency, and accountability issues related to the use of UAS. The stated purpose of the meeting was to establish a common level of

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Key Government Task Force Launches Effort to Address Cybersecurity Challenges Facing the Digital Economy

On March 16, the U.S. Commerce Department’s Internet Policy Task Force (IPTF) published a Request for Public Comment for input on the key cybersecurity issues affecting the digital ecosystem and digital economic growth. The IPTF aims to coordinate and facilitate consensus-based multistakeholder processes to generate collective guidance and identify best practices. Through this effort, the IPTF seeks to broaden the focus of federal cybersecurity efforts beyond securing critical infrastructure. A number of key cybersecurity challenges have been identified in the Request for Public Comment, and the IPTF is inviting commenters