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

Category Archives: Policy & Regulation

Posted in Internet, Policy & Regulation Winston Maxwell

Using artificial intelligence to fight hate speech

Hogan Lovells partner Winston Maxwell spoke at the executive roundtable on artificial intelligence and online hate speech, organised on January 31, 2019 by CERRE, the Centre on Regulation in Europe. The goal of the roundtable was to discuss what measures should be adopted to fight hate speech online and to look at the pros and cons of using machine-learning in … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Timothy TobinHarriet PearsonMark BrennanBret Cohen

California DoJ Sets March 8 Deadline for CCPA Pre-Rulemaking Comments

The California Department of Justice has announced a March 8, 2019 deadline for submitting written pre-rulemaking comments on the California Consumer Privacy Act (CCPA). The March 8 deadline is an extension from the previously set end-of-February deadline.

Pursuant to section 1798.185(a) of the CCPA, the California Attorney General (AG) is obligated to solicit broad public participation and adopt regulations to … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation, Technology Winston MaxwellJohn Salmon

EU: Are blockchain and data protection incompatible?

Since publishing the original version of our guide to blockchain and data protection in September 2017, there has been considerable further commentary from academics, politicians and practitioners, some of which suggested that there is inherent incompatibility of blockchain systems with EU data protection law.

This updated version of our guide puts forward our views on this question, offering a more … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, Licensing, Policy & Regulation, Technology Winston MaxwellMark BrennanArpan Sura

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.

Demystifying the U.S. CLOUD Act was written by Hogan Lovells partners Winston Maxwell and Mark Brennan, and senior associate Arpan Sura.

The report … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, Drones, Internet, Policy & Regulation, Technology Mark Parsons

Privacy, Cybersecurity, and the Internet of Things in Asia: What to Expect in 2019

Increasing numbers of initiatives, devices, and solutions related to the Internet of Things (IoT) are substantially impacting the development of cybersecurity and data privacy regulations throughout Asia. After the implementation of the General Data Protection Regulation (GDPR) in Europe, for example, Asian lawmakers are considering strengthening their own data protection laws. The region is also characterized by a push in … Continue Reading

Posted in e-commerce, Internet, Policy & Regulation, Technology

UK Tax Authority tightens the screws on tech companies

When is an amnesty not an amnesty? When the carrot is the (possible) absence of stick.

HMRC announced today the introduction of their new Profits Diversion Compliance Facility (PDCF). This is a way for multinationals to take the initiative and explain their legal and operational structures before HMRC launch their next wave of full-scale “transfer pricing” investigations into corporates. The … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Trey Hanbury

Government Shutdown Limits FCC Operations to Safety-of-Life and Spectrum Auction Activities

The federal government shutdown that began at midnight December 29, 2018 shows no sign of ending soon. The Federal Communications Commission tapped on-hand funds to continue operations uninterrupted but ran out of time – and money – last week.

The FCC earlier issued a statement that the agency had enough funding to remain open through January 2, 2019, but has … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation

Are You Ready for Brazil’s New Data Protection Law?

The Brazilian General Data Protection Law (“Lei Geral de Proteção de Dados” or “LGPD”), passed by Congress on 14 August 2018, will come into effect on 15 February 2020. The new data protection law significantly improves Brazil’s existing legal framework by regulating the use of personal data by the public and private sectors. Very similar to the General Data Protection … Continue Reading

Posted in Data Protection & Privacy, Drones, Internet, Policy & Regulation, Spectrum, Technology Michele FarquharTimothy TobinMark Parsons

The Internet of Things Webinar Series: 2018 in a nutshell and what 2019 has in store for IoT

On 18th December we hosted the final instalment in our Internet of Things Webinar series for 2018 (more to come in 2019!). Michele Farquhar, Tim Tobin, Mark Parsons, and Valerie Kenyon provided a round-up of the hot topics from 2018, including key regulatory and legal developments in the U.S., Europe, and Asia, in areas such as connected vehicles, drones, smart … Continue Reading

Posted in Internet, Policy & Regulation Adrian Emch

China: Appetite for anti-unfair competition action in the Internet space

It’s been almost a year since the new “Internet clause” in China’s Anti-Unfair Competition Law (AUCL) is in force. The enforcement authority hasn’t used it much in 2018. But one decision is noteworthy.

AUCL amendment

On 1 January 2018, the first amendment to the AUCL since its enactment in 1993 came into effect. One of the major changes … Continue Reading

Posted in Policy & Regulation, Spectrum, Telecoms & Broadband Trey HanburyTom PetersSasha Javid

28 GHz Auction Nears Conclusion

The U.S. Federal Communications Commission auctions wireless broadband spectrum to the highest bidders, and the agency’s latest spectrum auction continues to march toward a conclusion.

Auction 101 is the first of several auctions offering high-frequency “millimeter wave” spectrum that the Federal Communications Commission has committed to hold in 2018 and 2019. At the close of bidding in Round 78 Tuesday, … Continue Reading

Posted in Advertising, Data Protection & Privacy, Policy & Regulation

Digital Media Company Agrees to $4.95 Million COPPA Penalty in Settlement with NYAG

On December 4, 2018, the New York Attorney General (NYAG) announced that Oath Inc., which was known until June 2017 as AOL Inc. (AOL), has agreed to pay a $4.95 million civil penalty to settle allegations that AOL’s ad exchange practices violated the Children’s Online Privacy Protection Act (COPPA). The $4.95 million penalty is the largest ever assessed by any … Continue Reading

Posted in Internet, Policy & Regulation, Technology Christine Gateau

Overcoming IoT litigation challenges: Will regulatory developments in the EU influence the design of connected devices?

How large is the market for the Internet of Things (IoT)? In 2017, the number of IoT products in use was about 8.4 billion. That’s a massive number, and a 31 percent increase over the previous year. And the market continues to grow exponentially; connected products are now found in virtually every area of our lives. So are regulations keeping … Continue Reading

Posted in Policy & Regulation Yvonne DraheimSabrina Dücker

When 3D-printing challenges IP rights

3D-printing changes the way we develop products: an idea can be transformed into a tangible product faster than ever and it is not even expensive anymore.

But what is 3D-printing? Simply put, it is a machine that builds an object out of base materials bu successively stacking thin layers of the material in accordance with a Computer-Aided Design (CAD). The … Continue Reading

Posted in Policy & Regulation

DSM Copyright Directive: a new leak reveals there is still a long way to go

The provisions of the Copyright Directive (COM(2016)593) are currently being discussed between the Council, the Parliament and the Commission in order to reach a compromise wording. Though these talks are generally strictly confidential, some working documents occassionally find their way out. Here is a summary of the lesons we can learn from the latest document that has leaked.… Continue Reading

Posted in Policy & Regulation Ari FitzgeraldSarah K. Leggin

2018: A Space Odyssey – FCC and NASA Herald New Era of Market Friendly Space Policies

On November 8, 2018, FCC Chairman Ajit Pai highlighted the agency’s jam-packed agenda on space and satellite regulation at the Hudson Institute’s “Space 2.0” event in Washington, D.C. In his remarks, he discussed the FCC’s renewed focus on space and satellite policy, and its efforts to promote innovative, commercial technologies through a market-based approach. Thomas E. Cremins, NASA’s Associate Administrator … Continue Reading

Posted in Policy & Regulation Tony Lin

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 engagement with regulators. The event … Continue Reading

Posted in Policy & Regulation

UK leads the digital tax charge (again)

After much speculation, UK Chancellor Philip Hammond announced today in his annual budget speech that the UK will introduce a Digital Services Tax (DST) with effect from April 2020. In doing so, the UK has followed the example set with its Diverted Profits Tax by taking unilateral action first, and pre-empting possible EU and OECD proposals for a similar measure. Continue Reading

Posted in Artificial Intelligence, Policy & Regulation, Technology Peter WattsRichard Diffenthal

Truth is subtler than fiction

The evolution of science fiction into science fact has become so prevalent it no longer attracts remark.

Technologies that once lived only in the pages of futuristic novels or the flight deck of the USS Enterprise – like the universally connected mobile phone or DNA editing – already surround us. And, from the driverless car to delivery by drone, if … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Timothy TobinPaul Otto

California Passes First-Of-Its-Kind Law Focussed on Internet of Things Cybersecurity

Late last month, California Governor Jerry Brown signed the first US Internet of Things (IoT) cybersecurity legislation: Senate Bill 327 and Assembly Bill 1906. Starting on January 1, 2020, manufacturers of regulated connected devices are required to equip such devices with “reasonable security features” designed to protect a connected device and any information it holds from “unauthorized access, destruction, … Continue Reading

Posted in Policy & Regulation Imogen Ireland

The Skilled machines disrupting drug design

Capable of identifying novel compounds for therapeutic use, AI is saving time and costs in a process that can take around 10 to 15 years and billions of pounds to complete.

For the pharmaceutical industry, which has traditionally relied on patents to protect innovation and fund R&D, this should be good news, but is an intelligent machine’s output really patentable? … Continue Reading

Posted in Policy & Regulation Mark JonesPeter Watts

Is the UK’s post-Brexit approach to platforms and the digital sector starting to emerge?

The Chancellor of the Exchequer’s statements of intent on a digital service tax and competition law reforms reinforce other recent indications that the UK government is looking seriously at making significant changes to the way it approaches online platforms and the so called “tech giants”.

Brexit will potentially allow the UK to create its own strategy for the sector without … Continue Reading

Posted in Policy & Regulation

Privacy and Cybersecurity October 2018 Events

Please join us for our October 2018 Privacy and Cybersecurity Events.

October 3
Data Privacy on Steroids
Harriet Pearson will speak on a panel at the Minority Corporate Counsel Association Conference. It is entitled “Data Privacy on Steroids: Sweeping New Data Privacy/Security Regulation in the EU and California, and What it Means for American Business.
Location: New
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