FCC Issues NPRM On Broadband Privacy Guidelines For ISPs

Media Law Prof Blog

The FCC has issued a Notice of Proposed Rulemaking that would establish privacy guidelines for ISPs offering broadband services. The new rules would ensure that consumers understand and consent to the purchase of ISP broadband services, and that ISPs providing

NY AG Fights Removal of Lawsuit Alleging ISP Throttled Netflix

THR, Esq. Entertainment & Media Law Blog

Charter Communications contends that federal law including net neutrality regulations preempt state claims made over promised Internet speed and access to content. read more. THR, Esq. The Business Television Tech Business THR Online

Trending Sources

Appeals Court: ISPs Don't Get Copyright Shield Without Enforcement of Meaningful Repeat Infringer Policy

THR, Esq. Entertainment & Media Law Blog

The 4th Circuit issues a huge piracy ruling and wipes out a $25 million verdict against Cox Communications because of erroneous jury instruction. read more. THR, Esq. Business Movies Television Music Tech Business THR Online

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Montana's Governor Signs EO Requiring ISPs To Adhere To Net Neutrality Principles If They Want To Enter Into State Contracts

Media Law Prof Blog

Via The Hill: Steve Bullock, Montana's Governor, has signed an executive order that requires ISPs to adhere to net neutrality principles if they want to enter into state contracts.

The ECtHR and ISP Liability For Third Party Comments

Media Law Prof Blog

Martin Husovec, International Max Planck Research School for Competition and Innovation, has published ECtHR Rules on Liability of ISPs as a Restriction of Freedom of Speech, in volume 9 of the Journal of Intellectual Property Law & Practice (2014).

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ISPs, Self-Interest, and Net Neutrality

Media Law Prof Blog

Sébastien Broos, HEC-Ulg, and Axel Gautier, University of Liege, Research Center on Public and Population Economics, Catholic University of Louvain, Center for Operations Research and Econometrics, have published Competing One-Way Essential Complements: The Forgotten Side of Net Neutrality. Here is

Access To ISP and OSP Subscriber Information Under Canadian Law

Media Law Prof Blog

Graham Mayeda, University of Ottawa Common Law Section, is publishing Privacy in the Age of the Internet: Lawful Access Provisions and Access to ISP and OSP Subscriber Information in volume 53 of the Alberta Law Review (2016). Here is the

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European Court Rules ISPs Can Be Forced to Block Pirate Bay

THR, Esq. Entertainment & Media Law Blog

The landmark decision paves the road for further legal action over torrent sites. read more. THR, Esq. Business Movies Television Music Tech Business THR Online

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The FCC and ISP Interconnection Disputes

Media Law Prof Blog

Internet Service Providers (“ISPs”) provide Rob Frieden, Pennsylvania State University, College of Communications, and Pennsylvania State University, Dickinson School of Law, has published Rationales For and Against FCC Involvement in Resolving Internet Service Provider Interconnection Disputes. Here is the abstract.

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FCC Chair To ISPs: We Need More Competition In the Industry

Media Law Prof Blog

FCC Chair Tom Wheeler told the ISP execs attending the Internet and Television Expo (INTX) this year that more competition in their industry would be a great thing.

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And Speaking of Black Box…ISP Licensing is the Original Black Box

Music Technology Policy

With all the discussion on “black box”, I’m reminded of the original black box–ISP licensing. Every now and then we see the resurgence of “voluntary collective licensing” or what I call ISP licensing. This is the idea frequently associated with the copyleft that ISPs would charge customers a flat fee for music (enter the black box) that would be distributed to all artists, songwriters, producers, mixers, copyright owners, etc.,

ISPs and Hate Speech

Media Law Prof Blog

Danielle Keats Citron, Univesrsity of Maryland School of Law, and Helen L. Norton, University of Colorado School of Law, have published Intermediaries and Hate Speech: Fostering Digital Citizenship for Our Information Age in volume 91 of the Boston University Law

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Music Publishers Bring Contributory Copyright Claims Against ISP for Infringing Activities of Subscribers

New Media and Technology Law

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright infringement for allegedly facilitating infringement by failing to terminate the accounts of broadband subscribers who were purportedly repeat infringers that had unlawfully downloaded copyrighted music from BitTorrent sites. ( How reliable are the infringement notices sent to the ISP?

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ISPs and User Copyright Infringement

Media Law Prof Blog

Amanda Harmon Cooley, South Texas College of Law, is publishing A Contractual Deterrence Strategy for User-Generated Copyright Infringement and Subsequent Service Provider Litigation in the SMU Law Review. Here is the abstract. This article explores the ways in which Internet

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D.C. Circuit Judges Debate Whether 1st Amendment Lets ISPs Block Digital Content

THR, Esq. Entertainment & Media Law Blog

There will be no rehearing, but concurrences and dissents touch upon the future of net neutrality anyway. read more. THR, Esq. Business Television Tech Business THR Online

What’s Still Wrong With ISP Music Licensing? The Latest Victim is the Songwriters Association of Canada

Music Technology Policy

You may also want to read a 2008 article I wrote with Amy Mitchell for the American Bar Association Entertainment & Sports Lawyer called “ What’s Wrong with ISP Music Licensing? Note that what was really underlying the ISP side of the thinking was to legalize piracy. Voluntary Payment : SAC wants to have someone—presumably the ISP —allow its users to opt out of the remuneration payment if the user says they won’t file “share”. The ISP ?

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New Anti-Piracy Approach May Strike Out with Lawmakers and ISPs

JetLawBlog

Lately, however, the RIAA has begun to turn its enforcement focus away from such litigation and toward private action through Internet service providers (ISPs). Under the rule, the record companies would inform ISPs of the suspected infringers’ IP addresses.

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Should ISPs Pay to Defend Innocent Users Caught Up in Whack-a-Mole?

Music Technology Policy

I find it hard to believe that this wasn’t done at the prompting of the ISP, but who knows.). We can sympathize with the innocent defendant caught up in the whack a mole nightmare made necessary by ISPs who don’t take their repeat infringer policy seriously, but the cost of that complex “John Doe” process arguably designed further to insulate ISPs should not be borne by creators any more than it already is. 2005) (“Only the ISP. But the ISP did.

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Australian Appellate Court Rules ISP Not Responsible For Users' Copyright Infringement

Media Law Prof Blog

An Australian appellate court has upheld a lower court ruling that an ISP is not liable for copyright infringement by rightsholders alleging that an ISP failed to control its users' uploading and sharing of copyrighted works. However, the studios can

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ISP Liability for End-User Copyright Infringement Under Australian Law

Media Law Prof Blog

Lindsay, Monash University Faculty of Law, has published Liability of ISPs for End-User Copyright Infringements: The First Instance Decision in Roadshow Films Pty Ltd v. David F. iiNet Ltd (No 3) at 60 Telecommunications Journal of Australia 1 (2010).

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ECJ Hands Down Important ISP Liability Ruling

Media Law Prof Blog

The European Court of Justice has ruled that member state internet service providers are not required to police their users' activity proactively in order to make certain that those users do not violate copyright holders' rights. The decision overturns a

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ISP Liability In the Spanish Legal Regime

Media Law Prof Blog

Miquel Peguera, Universitat Oberta de Catalunya, has published Internet Service Providers’ Liability in Spain: Recent Case Law and Future Perspectives, at 1 Journal of Intellectual Property, Information Technology, and E-Commerce Law 151 (2010). Here is the abstract. The article focuses

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ECtHR Rules That ISPs Can Be "Publishers" Of Users' Comments In Some Cases

Media Law Prof Blog

Worth reading: Emma Llanso's analysis and discussion of the European Court of Human Rights' ruling in Delfi A.S. v Estonia. In this case, a user had left comments on an online article published on Delfi that a reasonable reader might

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Studios vs. Australian ISP could preview coming U.S. war

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner If the industry's battles against P2P technologies and individual file-sharers represented stages one and two, respectively, in the fight against piracy, we may be seeing the third front in this war unfolding in Australia this week.

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ISP Liability and Freedom of Expression In the EU Legal Regime

Media Law Prof Blog

Aleksandra Kuczerawy, KU Leuven, Interdisciplinary Centre for Law and ICT (ICRI), has published Intermediary Liability & Freedom of Expression: Recent Developments in the EU Notice & Action Initiative as ICRI Research Paper 21. Here is the abstract. In the European

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Digital Music News: British ISPs Orderd to Block File Sharing Websites (including H33T, advertising partner of @united)

Music Technology Policy

As the ISPs named in the court order account for about 94 percent of the market, this means these sites will be unavailable to the vast majority of the British population.

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Let’s Get Real: Broad Coalition of ISPs and Rights Holders Adopt Voluntary Plan

Music Technology Policy

The agreement has less to do with ISPs being “copyright cops” and everything to do with recognizing evil when you see it. Copyright Alerts will be the form of communication between ISPs and users to let them know that someone is using their account to engage in curious activities. ISPs no longer are in the middle and have a clear course of action to follow when they encounter potential repeat infringers.

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Let’s Get Real: Broad Coalition of ISPs and Rights Holders Adopt Voluntary Plan

Music Technology Policy

The agreement has less to do with ISPs being “copyright cops” and everything to do with recognizing evil when you see it. Copyright Alerts will be the form of communication between ISPs and users to let them know that someone is using their account to engage in curious activities. ISPs no longer are in the middle and have a clear course of action to follow when they encounter potential repeat infringers.

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The ISP as Speaker and Conduit

Media Law Prof Blog

Rob Frieden, Pennsylvania State University, College of Communications, and Dickinson College of Law, has published "Invoking and Avoiding the First Amendment: How Internet Service Providers Leverage Their Status as Both Content Creators and Neutral Conduits." Here is the abstract.

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ISPs: The new police on the virtual streets…

Entertainment Law

The law requiring ISPs to monitor such files easily passed Congress and was signed into law by President Bush last week, Read the full story here. Some time ago, I wrote about the “Geek Squad&# from Best Buy acting as agents for law enforcement and monitoring the data on customers’ computers when they brought their machines in for servicing. ( See “Geek Squad&# has whole new meaning… from October 4, 2007 ).

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ISP Liability For User-Generated Content: A Survey of the Law 2013

Media Law Prof Blog

Catherine R. Gellis, Digital Age Defense, has published 2013 State of the Law Regarding Internet Intermediary Liability for User-Generated Content. Here is the abstract. Summary of recent case law and legislative efforts regarding Internet intermediaries hosting user-generated content. Covers 47

Subpoenas, ISPs, Anonymous Posters, and Public and Private Plaintiffs In Defamation Suits

Media Law Prof Blog

Distinguishing Between Public and Private Figure Plaintiffs in Subpoenas to ISPs in Anonymous Online Defamation Suits in volume 13 of Journal of Technology Law Jason C. Miller, University of Michigan (Ann Arbor) Law School, has published Who's Exposing John Doe?

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ISPs, RIAA, the DMCA, 'graduated response,' and 'three strikes': the real story

Copyrights & Campaigns

The worldwide conflagration over "graduated response" and "three strikes" copyright enforcement proposals -- on which fire was thrown last week by conflicting reports of US ISPs' cooperation with the RIAA -- has, unsurprisingly, been marked by confusion and incorrect statements of the law. Graduated response" is a term generally used to describe a program implemented by an ISP to address claims by copyright owners of infringement by the ISP's subscribers.

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FCC Votes to Repeal Net Neutrality Rules

THR, Esq. Entertainment & Media Law Blog

The next stop will be a courtroom as the media regulatory agency retreats from prohibiting ISPs from blocking and throttling content. read more. THR, Esq. Business Tech Business THR Online

EU Judge Advocate General: ISP Does Not Have To Remove Harmful, Sensitive Info That Turns Up During Web Search

Media Law Prof Blog

In a case involving the interpretation of the EU''s data protection directive and the so-called "right to be forgotten," an advocate general for the European Court of Justice has released an advisory opinion finding that an internet search engine service

Hollywood Docket: Polanski wants sentence; UK gets tough on ISPs; Vanessa Hudgens claims copyright in nude photos

THR, Esq. Entertainment & Media Law Blog

Entertainment law news this morning: As expected, lawyers for Roman Polanski asked a Los Angeles Superior Court judge yesterday to sentence him in absentia. The request via letter from Polanski comes after a panel of appellate court justices in December.

The Dual Nature of the ISP As Speaker and Conduit

Media Law Prof Blog

Rob Frieden, Pennsylvania State University College of Communications, & Pennsylvania State University Dickinson School of Law, has published "Invoking and Avoiding the First Amendment: How Internet Service Providers Leverage Their Status as Both Content Creators and Neutral Conduits." Here is

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Wikileaks Moves To Swiss Service Provider After US ISP Forces It Offline

Media Law Prof Blog

After numerous denial of service attacks degraded their customer service, Wikileaks' service providers forced it off the net. So it has moved to Switzerland and is back online. More here from MSNBC.com and the Guardian. Amazon.com, the online retailer, yanked

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Tudon on Net Neutrality (A Primer)

Media Law Prof Blog

The Economist puts it best: “The details around network neutrality, the principle that internet-service providers (ISPs) must treat all sorts of web traffic Jose Tudon M., ITAM Business School, has published A Primer on Net Neutrality. Here is the abstract.

What’s Still Wrong With ISP Music Licensing? The Latest Victim is the Songwriters Association of Canada

Music Technology Policy

The Songwriters Association of Canada is the latest victim of the yearning to find a solution to massive online theft. Unlike some who circulate disinformation on this subject, I gladly accept the SAC’s bona fides of sincerity on this subject (and those of the SAC President, Eddie Schwartz.) Unfortunately, sincerity does not make SAC any less wrong.Canadian songwriters are certainly free to adopt

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Monday Morning JetLawg

JetLawBlog

Australian copyright holders lose ability to compel ISP assistance. FBI wants ISPs to keep logs. In the news. Google and NSA team up to fight cyberattacks. Scientists discover energy teleportation.

Yahoo!: Defender of Privacy Rights

JetLawBlog

and the Department of Justice illustrates just how far the government can go in requiring third-party Internet service providers (ISPs) to disclose the email conversations of its users.

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What ISPs REALLY think of piracy: good for musicians because it leaves them less to spend on 'sex and drugs'

Copyrights & Campaigns

Fascinating evidence -- including a suggestion that piracy is good for musicians because it leaves them less money to waste on sex and drugs -- is emerging from an Irish court considering a copyright infringement action brought by major record labels against Eircom, a major ISP.