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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 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 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 … 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 … Continue Reading

Posted in Cybersecurity, Policy & Regulation Federico Hernández Arroyo

Cybersecurity (or lack thereof) under new administration

Tech, Data, Telecoms & Media, Mexico

Introduction

In 2014 the previous administration announced its commitment to creating a national cybersecurity strategy. This strategy formed part of the National Development Plan 2013-2018, which also provided for the national digital strategy – an initiative aimed at fostering digitisation in Mexico through:

  • a digital government;
  • open data;
  • digital inclusion;
  • enhanced digital skills; and
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Posted in Internet, Policy & Regulation

Digital Battle in Russia: Russian Parliament will consider a Draft Law on Foreign Ownership Restrictions in Significant Internet / Information Resources in Russia

Click here for text in Russian/текст сообщения на русском языке

Russia is facing potential restrictions of foreign ownership in digital companies. This follows on similar restrictions over Russian mass media companies and online cinemas which took effect in 2016 and 2017, respectively. These proposed amendments coincide with the announcement of major e-commerce and foodtech JV deals in Russia with participation … Continue Reading

Posted in Policy & Regulation

Tech Tax – Times Are A Changing?

It’s been a busy month in the world of tax for tech companies. France and the UK are introducing digital services taxes, and serious work is underway at the OECD that may result in a shake-up of the international tax system in a manner that affects tech companies and digital businesses in particular, and sooner than people may think.

Given … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation, privacy and security litigation, Telecoms & Broadband Mark BrennanAdam CookeAlicia PallerJoseph J. Cavanaugh

Ill-Suited: Private Rights of Action and Privacy Claims

“For years, the plaintiffs’ bar has conjured multibillion-dollar class action lawsuits out of largely intangible privacy harms. This wave of litigation is increasingly driven by federal and state statutes that include private rights of action and allow for excessive statutory damages. Given the willingness of some courts to let cases proceed despite a lack of allegations or evidence of concrete Continue Reading

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

Privacy and Cybersecurity KnowledgeShare event: Sept 19, London

Join us on Thursday 19 September for our Privacy and Cybersecurity KnowledgeShare in London. We’ll 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.

Topics will include:

  • Nailing the basics –
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Posted in Consumer Privacy, Policy & Regulation Mark BrennanArpan Sura

U.S. Supreme Court Sidesteps Important TCPA Deference Issues

On June 20, 2019, the Supreme Court released its long-awaited decision in PDR v. Carlton & Harris Chiropractic.  The Court was expected to provide greater clarity about the extent to which litigants can challenge the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) interpretations in private litigation.  Instead of deciding that issue, however, the Court vacated the Fourth … Continue Reading

Posted in Policy & Regulation

September Seminar: Improving social mobility in the IP profession

We are excited to partner with IP Inclusive to host a seminar focused on social mobility in the IP profession. On 24 September 2019, join us for a discussion with not-for-profit organisations and other businesses around how they are working to improve social mobility within IP and legal professions, and explore strategies for how we can create a more inclusive … Continue Reading

Posted in Internet, Policy & Regulation Winston Maxwell

Internet of Things – A Fast Forward to the Future

On Monday, April 29th 2019, policy makers and industry representatives from different IoT ‘verticals’ (agriculture, automotive, health, energy, aerospace) gathered in Brussels at the initiative of Vodafone to launch a conversation about the future policies applicable to the Internet of Things (IoT) in Europe.

Global Players Require Global Regulation     

The debate emphasized how global any approach to IoT regulation should … Continue Reading

Posted in Cybersecurity, Internet, Policy & Regulation David Taylor

Analyzing the impact of the EU GDPR on access to WHOIS data, one year on

During the Annual INTA 2019 Meeting, a panel was held on the EU General Data Privacy Regulation (GDPR) and the temporary removal of data for the WHOIS directory. IPMT Partner David Taylor spoke on the following GDPR issues and their impact on global brand protection.

When the GDPR came into force back in 2018, the Internet Corporation for Assigned … Continue Reading

Posted in Policy & Regulation

CMS proposes changes to new-technology add-on payment amounts and criteria in the inpatient prospective payment system proposed rule for FY 2020

On 23 April 2019 the Centers for Medicare & Medicaid Services (CMS) issued the inpatient prospective payment system (IPPS) and long-term care hospital (LTCH) prospective payment system proposed rule for fiscal year (FY) 2020 (Proposed Rule), to be published in the Federal Register on 3 May 2019.

In addition to the annual updates made to the IPPS and the LTCH … Continue Reading

Posted in Internet, Policy & Regulation David Taylor

The European Union adopts a new .EU Regulation

On 19 March 2019, the European Union adopted Regulation (eu) 2019/517 of the European Parliament and of the Council of 19 March 2019 on the implementation and functioning of the .eu top-level domain name and amending and repealing Regulation (EC) No 733/2002 and repealing Commission Regulation (EC) No 874/2004, otherwise known as the .eu Regulation.

Background

As its name indicates, … Continue Reading

Posted in Policy & Regulation, Technology Mark BrennanBret Cohen

Consumer Horizons 2019

The Consumer industry is evolving at lightning speed, and the way consumer companies operate is shifting. From issues in supply chain to the digitalization of the consumer experience, companies are rapidly changing to keep up with consumer demands. Last year businesses in the consumer industry saw a wave of unprecedented disruption and transformation, and 2019 promises challenges of similar or … Continue Reading

Posted in Policy & Regulation, Technology Natalia Gulyaeva

2019 Chambers Global Practice Guide in Technology, Media, and Telecoms

A team of lawyers from Hogan Lovells contributed to the 2019 Chambers Global Practice Guide in Technology, Media, and Telecoms. They provided legal commentary and insights on TMT industry trends and developments impacting businesses in Russia and the Commonwealth of Independent States.

The chapter “TMT Trends and Developments in Russia” provides an overview of mass media and online cinema … Continue Reading

Posted in Copyright, designs, Internet, Policy & Regulation Julia Anne MathesonBrendan C. Quinn

N.D. California Straightens Out Competitor’s Use of Infringing Hashtags: #newdevelopments in Using Trademarks as Hashtags

The Northern District of California recently released an order that sheds new light on how courts grapple with the constantly-increasing use of trademarks as hashtags.

Align Technology, Inc., provider of the Invisalign teeth-straightening-system, also produces the iTero Element intraoral scanner that allows dentists to obtain three-dimensional scans of a patient’s mouth, teeth, and gums. To complement this product, Align sells … Continue Reading

Posted in Data Protection & Privacy, International/EU privacy, Policy & Regulation Joke Bodewits

Will Widened Class Actions Regime Boost Data Litigation in the Netherlands?

On 19 March 2019, the Dutch Senate approved legislation introducing collective damages actions in the Netherlands (the “Legislation”) which will broaden the regime even further. The Legislation introduces an option to claim monetary damages in a “US style” class action, including for violations of the GDPR. This Legislation together with the mechanisms already available under Dutch law put the Netherlands … Continue Reading

Posted in Policy & Regulation, Technology Michele FarquharAshley HowlettJohn CastleEugene Kim

2019 Winnik International TMT Forum: Media and Technology Convergence Panel

The 2019 Winnik International TMT Forum hosted by Hogan Lovells featured a panel discussion on technology and media convergence. Logan Breed, antitrust partner at Hogan Lovells, moderated the discussion as six thought leaders in media, technology, and competition law grappled with business and legal issues related to industry convergence. Panelists included Jeffrey Eisenach from NERA Economic Consulting, Richard Greenfield from … Continue Reading

Posted in Copyright, Policy & Regulation Penny ThorntonAlastair ShawMorten PetersennWinston MaxwellBenedikt LüthgeAlberto BellanAnne Schmitt

DSM Watch: EU Copyright Directive clears the finish line

On 15th April the Council of the European Union adopted the EU Copyright Directive (the “Directive”), ending a negotiation process which first started with the Commission’s proposal for a new Directive in early 2016. After publication in the Official Journal of the EU, Member States will have two years to implement the Directive. In Council the UK voted to adopt … Continue Reading

Posted in Copyright, designs, patents, Policy & Regulation Katharina BerghoferDr. Teresa ChristofDaniel KanekoCorey LeggettPhilipp SimonSteffen Steininger

Hogan Lovells’ U.S. + Germany Patent Update

Hogan Lovells’ U.S. + German Patent Update reports on recent patent news and cases from Germany and the United States. The most recent update is available in English here. This update covers the following developments across the U.S. and Germany:

United States

  • PTAB Has Discretion to Join Parties and New Issues in “Limited Circumstances” – Proppant Express Investments, LLC
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Posted in Consumer Privacy, Policy & Regulation Mark BrennanJulian Flamant

Efforts to Expand CCPA’s Private Right of Action Remain in Question

The California legislature is considering significant amendments to the California Consumer Privacy Act (CCPA) ahead of the law’s January 1, 2020 implementation date. Of particular note has been the potential for CCPA amendments to expand the private right of action beyond violations of businesses’ duty to implement and maintain reasonable security procedures to instead cover violations of any CCPA right.… Continue Reading

Posted in Copyright, designs, Policy & Regulation Sahira KhwajaClare Matheson

Real Estate Horizons: The Power of the Brand

Real Estate Horizons is a snapshot of key legal topics and market trends across the globe. This post higlights the importance of IP rights in this sector. With property developments increasingly focusing on experience and becoming “destinations” or lifestyle brands in their own right, branding has become an essential element of the development process. Therefore, protecting your IP rights is … Continue Reading