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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: net neutrality

Posted in Consumer Privacy

U.S. FCC Decision Triggers Potential Sea Change in Broadband ISP Data Privacy and Security Requirements

In its recent Open Internet Order, the U.S. Federal Communications Commission determined that broadband Internet access services are appropriately classified as common carrier ‚Äútelecommunications services‚ÄĚ under the Telecommunications Act of 1996. In doing so, the agency established itself as the primary U.S. data privacy and security regulator for those services and triggered additional requirements under the Act. It also promised a future rulemaking that could result in a sea change in how ISPs and their business partners interact with consumer data. Although the decision is widely expected to be appealed in court, organizations operating across the broadband ecosystem would be prudent to assess the potential impact on their current and planned online service portfolio.

Posted in Consumer Privacy

Court Finds NebuAd Users Gave Valid Consent to Monitoring

On December 13, 2010 a Federal District Court in Montana dismissed many of the claims brought against an ISP in connection with the ISP’s use of NebuAd monitoring technology. The court held that users had validly consented to the monitoring technology. The NebuAd case usefully focuses on the issue of user consent, rather than on technological distinctions between ISPs and service providers at the edge.