Slowly but surely, the U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). On February 19, 2020, a unanimous Seventh Circuit panel refused to revise a putative class action in Gadelhak v. AT&T Services, Inc. after concluding that the dialing system used … Continue Reading
The UK Government Department for Culture, Media and Sports (DCMS) has today published its initial response to the public consultation on the Online Harms White Paper, published in April 2019. In its response, DCMS gives an indication of how it plans to adapt the proposed regulatory framework to take account of some of the concerns raised by industry stakeholders, … Continue Reading
Kari’s Law, signed into law on February 16, 2018, requires organizations that use multi-line telephone systems (MLTS) to provide callers with the ability to dial 911 directly from any telephone in the system. MLTS are often used in hotels, office buildings, corporate and educational campuses, and other enterprises. As a result, a wide variety of organizations will be impacted … Continue Reading
On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system” (ATDS or autodialer). In recent years, imprecise statutory phrasing and the Federal Communication Commission’s … Continue Reading
UK Government set to move forwards with regulation on consumer IoT device security
The UK Government has just announced that it intends to draw up legislation aimed at ensuring that all consumer smart devices sold in the UK adhere to rigorous security requirements for the Internet of Things (“IoT“).
Over the last couple of years, the Government has … Continue Reading
On January 15, the Court of Justice of the European Union’s (CJEU) Advocate General (AG) Manuel Campos Sánchez-Bordona delivered his Opinion on four references for preliminary rulings on the topic of retention of and access to communications data.
Of the four references, two originated from France, one from Belgium, and one from the Investigatory Powers Tribunal (IPT) in the United … Continue Reading
On December 19, 2019, the U.S. Senate unanimously passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House of Representatives passed in a 417-3 vote earlier this month. With the Senate’s passage of the reconciled bill, the bipartisan legislation now heads to President Trump’s desk for his review.
The Pallone-Thune TRACED … Continue Reading
Communications technologies often evolve more quickly than the regulatory frameworks governing them. To keep pace, the International Telecommunication Union (ITU) World Radiocommunication Conference (WRC) revisits the ITU’s Radio Regulations governing radiofrequency spectrum use approximately every four years to accommodate new technologies and uses. Between WRCs, national administrations and ITU sector members (interested companies and trade associations, for example) meet in … Continue Reading
One could be forgiven for thinking that knowing how to comply with a legal obligation that has been in place for nearly a decade would be clear cut. However, widespread practice tells us that this is far from the truth. In November 2009, as part of wider reforms to the European telecommunications regulatory framework, the European Union introduced various amendments … Continue Reading
The FCC recently issued a Public Notice that sought comment on whether to make the 960-1164 MHz and 5030-5091 MHz bands available to support unmanned aerial system operations (UAS).
The FAA Reauthorization Act of 2018 required the Federal Aviation Administration (FAA), the National Telecommunications and Information Administration (NTIA), and the FCC to submit a report to Congress on whether to … Continue Reading
What is it about? OECD proposals to tax the digital economy which will significantly impact all large tech companies that are consumer oriented.
What will the impact be? Businesses will pay more tax. Impact on cash-flow, earnings per share and valuations. There will also be lots of complexity to ensure compliance.
What should businesses be doing now? Watching for what … Continue Reading
LONDON, 25 November 2019 – Hogan Lovells has published a study evaluating the ongoing legislative proposal for a new ePrivacy Regulation, a law aimed at updating the current ePrivacy framework in the EU.
After nearly three years of debates and negotiations, the European Union is nowhere near agreeing a position on how to achieve the right balance between the need … Continue Reading
On November 12, members of the Federal Communications Bar Association (FCBA) gathered in Washington, DC, to commemorate 25 years of spectrum auctions at the Federal Communications Commission (FCC). Hosted at Hogan Lovells LLP, the event featured current and former FCC staff members and industry lawyers, who discussed the history and future of spectrum auctions. The FCC’s leadership and strong record … Continue Reading
The Federal Communications Commission (FCC), in consultation with the Department of Agriculture, announced the members of the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States (Task Force). The Task Force, an advisory body to the FCC, will investigate the current state of broadband access in agricultural lands and recommend policies and regulatory … Continue Reading
On October 23, 2019, the U.S. Department of Defense announced a plan to pilot 5G technologies on four military installations in partnership with private industry and the U.S. Federal Communications Commission. Lisa Porter, Deputy Undersecretary of Defense for Research and Engineering, revealed the Defense Department’s plans during an appearance at Mobile World Congress (MWC) in Los Angeles with FCC Chairman … Continue Reading
Please join us and Global Digital Finance for a series of in-depth panels and presentations on regulatory and compliance issues from industry leaders and legal compliance specialists on “The Impact of Digital Assets on Financial Institutions”.
When: Tuesday 5 November 2019, 2.30pm – 5.30pm (Conference); 5.30pm – 8.00pm (Drinks Reception) (GMT)
Where: Hogan Lovells London
Co-Chair, … Continue Reading
Whilst political uncertainty may have businesses’ attention fixed, the Hogan Lovells Global Survey on Digital Regulation: ‘A Turning Point for Tech’ suggests that tech companies should be looking elsewhere. During yesterday’s launch at Hogan Lovells’ London Office, editor of the survey, Falk Schoening uncovered the 452 digital regulations that had been proposed across 16 jurisdictions in just six months of … Continue Reading
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.
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
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 … Continue Reading
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
The Federal Communications Commission (FCC) Thursday voted to approve a draft Public Notice seeking comment on procedures for Auction 105 – a novel competitive bidding process that will offer 70 megahertz of Priority Access Licenses (PALs) in the 3.5 GHz Band, sometimes referred to as the Citizens Broadband Radio Service (CBRS) Band. Bidding in Auction 105 is set to begin … Continue Reading
On 9 July 2019 the UK data protection authority (ICO) updated its Data Sharing Code of Practice (first published in 2011) (Code). On the same day, the ICO also announced its intention to fine Marriott International just over £99m for infringements of the General Data Protection Regulation (GDPR), highlighting the importance of due diligence in the context of data sharing.… Continue Reading
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