Items tagged "FTC"

Post

Setting the Record Straight: What the Congressional Review Act Means for the FCC’s Broadband Privacy

March 16, 2017 Broadband Privacy , Consumer Privacy , FCC , FTC , Privacy

One significant threat to the public interest under the new administration that is receiving increased attention is broadband privacy for consumers. Last week, Senator Jeff Flake and 21 cosponsors introduced a resolution under the Congressional Review Act to repeal the Federal Communications Commission’s broadband privacy rules. In late October, after over six months of deliberation, the FCC passed rules governing how Internet Service Providers use the personal information that they collect on their customers. Put simply, ISPs would be required to obtain opt-in consent before using anything sensitive like web browsing history, your location, financial information, and information relating to children.

Read More
Post

FCC Privacy Rules Must Protect Where We Go and What We Do Online

October 11, 2016 Consumer Privacy , FCC , FTC , Privacy

Last week, the Federal Communications Commission released a fact sheet summarizing proposed final rules that would significantly upgrade consumer broadband privacy protections. The final proposal varies from the framework set forth in the original proposal in one important respect. The FCC initially proposed requiring Internet Service Providers to obtain opt-out consent for first party use of customer information and opt-in consent for third party use of customer information. Instead, responding to industry lobbying, the FCC will adopt the framework originally developed by the Federal Trade Commission that requires opt-in consent for “sensitive” information, but requires subscribers to affirmatively opt out from the ISP using information designated “non-sensitive.”

Read More
Post

Understanding the Ninth Circuit’s Decision in AT&T Mobility v. FTC

August 31, 2016 FCC , FTC , Litigation , Title II

The Ninth Circuit issued a fairly important decision limiting the authority of the Federal Trade Commission (FTC). Unfortunately, articles such as this from CNET, combined with some overwrought commentary, have generated a lot of confusion.

Read More
Post

Cable Company Practices Indicate a Need for Increased Enforcement of Consumer Privacy Laws

June 8, 2016 Consumer Privacy , FCC , FTC , Privacy , Video Marketplace

In March of this year, the Center for Digital Democracy released a comprehensive report outlining the increasing use of subscriber data by Internet Service Providers and video providers. The report details the common practices of cable operators gathering their customers’ personal information, sharing and combining that information with third parties, and using it to target customers for advertising on an individual level.

Read More
Post

Securus Leak of Prison Call Records Underscores Importance of FCC Oversight

December 8, 2015 CPNI , FCC , FTC , Prison Phones , security

Recently, investigative journalists at the Intercept revealed that Securus, a nationwide provider of phone and video services to jails and prisons, suffered a massive security breach when someone obtained, and then leaked, records of more than 70 million phone calls by prisoners across the country, along with links to downloadable recordings of those calls. Among these calls were records of “at least 14,000 recorded conversations between inmates and attorneys.” In fact, the Intercept claims that Securus has amassed a huge database of federally protected consumer propriety network information (CPNI, or “metadata” containing the number you call, at what time and for how long) and has been storing this data for years. The Intercept also reports that Securus may be selling access to this data to law enforcement investigators.

Read More
Post

Teva Pharmaceuticals Antitrust Settlement is a Win for Competition

June 5, 2015 Antitrust , FTC , Patent Reform , Patents

Last week, Teva Pharmaceuticals agreed to pay $1.2 billion to settle an antitrust suit brought by the Federal Trade Commission. The FTC alleged that Cephalon, Inc. (acquired by Teva in 2012) violated antitrust law when it paid $300 million to generic drug companies to settle several patent lawsuits in 2005 and 2006. These payments required the generic drug companies to forego marketing generic versions of the patented drug Provigil until April 2012.

Read More
Post

Public Knowledge and Media Access Project Ask FTC Investigation of Music Deal

March 7, 2012 Antitrust , FTC , Press Release , UMGEMI

Universal Music Group’s takeover of competitor EMI, along with the sale of EMI’s music publishing business to Sony, have the potential to thwart innovation in digital music, drive up prices and minimize choices for consumers, Public Knowledge and Media Access Project told the Federal Trade Commission (FTC) today.

In a letter to the agency, the two groups noted that the purchase would reduce the number of major record labels from four to three, giving the combined UMG/EMI company about 40 percent of sales.  Similarly, the sale of the music publishing business would “give it a significant blocking position” by allowing it to control 32 percent of publishing revenues worldwide.  A combined company would hold publishing rights to 64 of the Billboard Hot 100 titles from 2011, the groups said.

Read More
Post

To Revitalize Journalism, Expanding IP Rights is Not the Answer

June 18, 2010 Broadband , FTC , Network Neutrality

On Tuesday, the Federal Trade Commission held the last of a yearlong series of workshops on the future of journalism.  The conversation centered on the staff discussion draft of potential policy recommendations, released late last month.  As I explained in my earlier post on the draft, it contains a few troubling suggestions regarding intellectual property law.  To warn the FTC of the consequences of these potential recommendations, PK’s own Sherwin Siy spoke at the workshop.  Additionally, we submitted written comments to the FTC, which you can read here.

Read More
Post

All the News That’s Fit to Control

June 4, 2010 Fair Use , FTC

Last week, the Federal Trade Commission released a draft report on the future of journalism.  This report consists of a summary of various policy proposals, ostensibly to save journalism, submitted by stakeholders and participants.  Unfortunately, three of these proposals would “save” journalism by improperly expanding IP rights in news and in facts.

Read More
Post

DOJ Investigation of Telecoms: Not Your Father’s Antitrust.

July 6, 2009 Antitrust , AT&T , Competition , FTC , Special Access

Although the Department of Justice Antitrust Division (DOJ) has not confirmed it, the Wall St. Journal reported that DOJ is internally considering whether or not companies "such as AT&T and Verizon" have abused their market power. Most traditional antitrust lawyers I've seen quoted don't think it likely the telcos have market power — especially given the hostility that courts have recently shown to antitrust. Indeed, in a world where even potential competition is supposed to be part of the market analysis, how can a modest 60% of the wireless market shared by the two companies, with no evidence of price fixing or coordinated behavior, support any sort of antitrust action?

Welcome to the more grown up and sophisticated view of market power in the more complex real world.

Read More