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

Tag Archives: Internet

Posted in Policy & Regulation Mark Parsons

HKMA reboots virtual banking

On 6 February, 2018, the Hong Kong Monetary Authority (the “HKMA”) published draft revisions to its “Guideline on Authorization of Virtual Banks” (the “Draft Guideline”).

The framework will support the authorization in Hong Kong of ‘virtual banks’, defined as banks which deliver retail banking services primarily, if not entirely, through the internet or other electronic channels … Continue Reading

Posted in Data Protection & Privacy, Internet, Policy & Regulation Christine GateauChristelle CoslinPauline Faron

First views from the CJEU on how to build a consumer collective action in the Schrems v Facebook Ireland case: The concept of “consumer” and lack of jurisdiction of the consumer’s home court over assigned claims

The famous case brought by Maximilian Schrems against Facebook Ireland in Austria, aimed to become an international and large data protection class action, led on 25 January 2018 to a ruling from the CJEU on two main points:
  • A consumer’s right to have a claim heard in his or her home court under European law does not extend so as
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Posted in Data Protection & Privacy, Policy & Regulation Julie Brill

Strengthening international ties can support increased convergence of privacy regimes

The internet has become today’s global trade route, and personal data is one of its major currencies. The growth in the digital economy is impressive. One study found that economic activity taking place over the internet is growing at 10% per year within the G-20 group of nations. In the United States alone, one estimate found that companies exported nearly … Continue Reading

Posted in Internet, Policy & Regulation Jun WeiSherry Gong

CAC issued draft regulations: Cyberspace protection of minors is on agenda

On September 30, 2016, the Cyberspace Administration of China (the “CAC“) issued the draft for comments of the Regulations on Cyberspace Protection of Minors (the “Draft“).  A “Minor” is not defined in the Draft, but defined under the Minor Protection Law as any citizen under the age of 18.  The term “citizen” is likely to be … Continue Reading

Posted in Policy & Regulation Andy Huang

Chinese antitrust enforcer sanctions TV provider

On 7 June 2016, the Administration for Industry and Commerce (AIC) in Inner Mongolia held the Xilin Gol branch of the Inner Mongolia Radio and Television Network Group (Xilin Gol Radio and Television) to have violated the Anti-Monopoly Law (AML).

Xilin Gol Radio and Television was ordered to stop its illegal conduct, had illegal gains in the amount of RMB … Continue Reading

Posted in Internet David Taylor

Bye Bye Internet – a brief look at the historic transition that just happened this weekend

Midnight 1 October 2016 was a historic moment in the history of the Internet with ICANN, a non-profit organization, finally taking control of the global domain name system (DNS). The U.S. government’s contract to perform the Internet Assigned Numbers Authority (IANA) functions (the IANA contract) has expired. Whilst the U.S. certainly invented the underlying technology (with British computer scientist … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband Alexander MaltasTony Lin

A Comparison of the DOJ and FCC Merger Review Processes: A Practitioner’s Perspective

Several recent high-profile mergers in the communications industry have faced scrutiny from multiple U.S. federal agencies.  These transactions, both successful and unsuccessful, have drawn attention to the process by which the U.S. government approves or blocks mergers and acquisitions in the communications and broadband Internet industries.  Parallel investigations by both the Federal Communications Commission and U.S. Department of Justice highlight … Continue Reading

Posted in Technology Neal KatyalThomas Schmidt

Hogan Lovells Files Brief for Major Tech Companies in Microsoft Gag Order Case

Cloud computing, one of the major technological advances of the early twenty-first century, has already brought about tremendous economic and social benefits. In essence, cloud computing takes advantage of the Internet to connect users to a vast “cloud” of interlinked servers, data storage systems, and other digital devices located all over the world. Whereas the user of a computer was … Continue Reading

Posted in Advertising, Policy & Regulation Eugene LowDeanna WongAndrew McGinty

No place to hide in Chinese cyber space – new rules regulate online advertising

On 4 July 2016, the State Administration of Industry and Commerce (“SAIC“), the regulatory body charged with enforcing, among other things, the People’s Republic of China Advertising Law (revised with effect from 1 September 2015) (“Advertising Law“) released the Administration of Online Advertising Interim Measures (“Interim Measures“; in Chinese <联网广告管理暂行办法>), which
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Posted in Internet Andy Huang

Hantao v. Baidu – ‘scraping’ third-party information as unfair competition

On 26 May 2016, the People’s Court in Shanghai’s Pudong New Area handed down its judgment in Hantao v. Baidu, in which Baidu was sued for inappropriately using information uploaded on dianping.com, a Hantao-owned website and app.  The court decided in favor of the plaintiff, and laid out a possible analytical framework for assessing unfair competition aspects in the … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband

Court of Appeals Upholds FCC’s Open Internet Order

In a major victory for the Federal Communications Commission’s democratic majority, the U.S. Court of Appeals for the D.C. Circuit upheld the FCC’s 2015 Open Internet Order on June 14, 2016.  The 2-1 decision by the D.C. Circuit Court of Appeals likely is not the last word on net neutrality because broadband service providers will very likely pursue rehearing from … Continue Reading

Posted in Policy & Regulation

Hogan Lovells partner named to French media regulator’s think tank

Hogan Lovells’ partner Winston Maxwell was appointed as one of the nine outside experts for a think tank called “CSA Lab” which has been launched by France’s audiovisual regulator, the Conseil Supérieur de l’Audiovisuel (CSA). The CSA lab will provide forward-looking insight on how audiovisual regulations should evolve in light of digital transformations of audiovisual creation and distribution. … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband Trey HanburyCharlie Hawes

EU and US regulators rush to update telecom rules

Regulators in the European Union and United States are racing to rewrite telecom rules for a host of new technologies ranging from over-the-top voice to ultra high-speed wireless broadband. But does the regulatory mantra of “new rules for new times” represent the foundation of the new digital economy or its undoing?

Are regulations mandating an open internet the key to … Continue Reading

Posted in Internet Christine GateauPauline Faron

French “platform” regime: The saga continues after the adoption by the French Senate of the Digital Bill

On 3 May 2016, the French Senate adopted a new version of the French Digital Bill.  Below is what you should know about it, bearing in mind that this saga is not over yet as the Bill will now have to be reviewed by a Joint Committee composed of Senators and Deputies, in the next coming weeks.

The definition of Continue Reading

Posted in Internet, Policy & Regulation Andrew McGintyJun WeiSherry GongNolan Shaw

Are foreigners banned from publishing on the Internet in China? An examination of what exactly China’s new online publishing rules are ruling out

China’s media and publishing regulator, the State Administration of Press, Publication, Radio, Film and Television (“SAPPRFT“), and its telecoms and Internet regulator, the Ministry of Industry and Information Technology (“MIIT“), have jointly issued new rules governing online publications in the People’s Republic of China (“China” or the “PRC“): the Online Publication Services Continue Reading

Posted in Internet Deanna WongEugene LowMark ParsonsSherry Gong

Towards a Greater Chinese Firewall? – China issues new draft domain name rules

On 25 March 2016, the Chinese Ministry of Industry and Information Technology (the “MIIT“) issued Draft Rules on the Administration of Internet Domain Names (“Draft“) and issued a call for comments. The Draft has raised serious concerns among the public and the international media. In this article we summarize the key changes in the Draft, and Continue Reading

Posted in e-commerce, Internet Christine GateauWinston MaxwellPauline Faron

French Digital Bill: what obligations are imposed on platforms?

In our previous update, which can be found here, on the French bill “for a Digital Republic” (“Digital Bill”), we discussed the vague notion of platforms.

Here is what you should know about the obligations which are likely to be imposed on platforms.

Loyalty obligation

First of all, the Digital Bill only provides a duty of loyalty and transparency … Continue Reading

Posted in e-commerce, Internet Christine GateauPauline Faron

French Digital Bill: To be or not to be a platform?

After several months of public consultations, several versions of intermediate texts, the long-awaited bill “for a Digital Republic” (“Digital Bill”) was finally transmitted to the Council of Ministers last 9 December 2015 and officially presented to the French National Assembly.

An amended version of the Digital Bill was then adopted by the National Assembly in first reading on 26 January … Continue Reading

Posted in Entertainment & Content, Internet, Policy & Regulation Alexander MaltasTom Peters

India Decision on Zero Rating Highlights Uncertainty Across Borders Regarding Zero-rating Mobile Data Services

A recent decision by India’s telecom regulator to prohibit differential charges for Internet content – which effectively blocked Facebook from offering its Free Basics service in the country – highlights how regulators around the globe continue to work through whether and how “zero-rating” data services may be permissible under their country’s net neutrality framework.  Zero-rating services allow consumers to access … Continue Reading

Posted in Internet, Telecoms & Broadband Sherry GongAndrew McGinty

China gives the Telecommunications Catalogue a thirteen year face lift – but does it really capture all the new technologies?

On 28 December 2015, the Ministry of Industry and Information Technology (“MIIT”), China’s telecoms and Internet regulator, issued the revised Classification Catalogue of Telecommunications Businesses (2015 Edition) (the “2015 Catalogue“).  The long-awaited 2015 Catalogue will come into effect on 1 March 2016.  A draft which included some of the main changes to the 2015 Catalogue was … Continue Reading

Posted in Advertising, Internet Adrian EmchZhen FengEugene Low

Most recent Chinese ‘ad block’ judgment affirms ad-based revenue model for Internet businesses

On 14 October 2015, a local court in Shanghai adopted the latest in a series of judgments on the legality of software and other technical measures that block or skip advertisements on digital platforms.

In its judgment, the Shanghai Yangpu District People’s Court found that Juwangshi Technology Corporation (“Juwangshi“), a video streaming service aggregator, had breached anti-unfair competition … Continue Reading

Posted in Broadcasting, Internet, Telecoms & Broadband Logan BreedMeghan Edwards Ford Rissmiller

US antitrust lessons from the proposed Comcast/TWC merger

Comcast’s failed acquisition of Time Warner Cable (“TWC”) presents a lesson in the types of antitrust harms that merger enforcers in the United States are willing to pursue.

Using traditional “horizontal” merger analysis, the combination would have resulted in almost no reduction of head-to-head competition, as there were very few geographic areas in which the two companies were head-to-head rivals.  … Continue Reading

Posted in Advertising, e-commerce, Internet Anthonia Ghalamkarizadeh

Adblock Plus: Third German court rejects claims against Eyeo

On 29 September, the District Court of Cologne became the third court in Germany to issue a decision in relation to the trilogy of actions launched by large publishers against adblocking software Adblock Plus.

The court rejected publisher Axel Springer’s action against Eyeo GmbH, the German company behind AdBlock Plus. In doing so, the Cologne court agreed with the Continue Reading

Posted in Entertainment & Content, Internet Marco Berliri

The Court of Rome rules on Wikimedia Foundation’s role as a hosting provider and its lack of liability for Wikipedia’s content

On July 10, 2015 the Court of Rome issued a very important decision in favor of Wikimedia Foundation (the organization managing the online encyclopedia Wikipedia), represented by Hogan Lovells, in relation to the Foundation’s lack of liability for the content created by its users.

The Court has confirmed the Foundation’s role as hosting provider as well as its neutral role … Continue Reading