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January 8, 2015 3:26 PM | Permalink |
In conjunction with Data Privacy Day, the next IAPP Privacy After Hours takes place on Wednesday, January 28 and you're invited! read more
December 22, 2014 9:48 AM | Permalink |
The privacy headlines this year have been predominantly grabbed by Google Spain, a judgment given in May 2014 (reported here) by the Court of Justice of the European Union (CJEU) which held that Google was subject to European data protection laws and must observe the right of its data subjects in the EU to be ‘forgotten’ from its search engine results. read more
December 10, 2014 8:55 AM | Permalink |
The EU Council of Ministers made progress on 4 December 2014 on the draft Data Protection Regulation (the “Regulation”), agreeing a partial general approach on data processing in the public sector. This would allow for some flexibility in the application of the Regulation by each Member State as set out in Articles 1, 6(2), 6(3), 21 and Chapter IX in limited circumstances.  read more
December 8, 2014 8:53 AM | Permalink |
We commented on the ‘right to be forgotten’ judgment in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos in May earlier this year. The ruling granted data subjects the right to request search engines to remove links appearing in search results based on a person’s name, under certain conditions. read more
November 21, 2014 10:08 AM | Permalink |
Arthur Harding
Last night, the Senate approved the STELA Reauthorization Act of 2014, a day after it was passed by the House. read more
November 20, 2014 10:12 AM | Permalink |
Arthur Harding
On Wednesday, November 19, 2014, the House of Representatives passed H.R. 5728, a revised bill reauthorizing the Satellite Television Extension and Localism Act of 2010 (STELA). In addition to extending the expiring STELA provisions for another five years, the bill, which is entitled the STELA Reauthorization Act of 2014 (STELAR), takes a number of other actions on matters of interest to the cable, satellite and broadcast industries, including market modifications, retransmission consent negotiations (including the “good faith” standard), integrated set-top boxes, the compulsory license for LPTV station carriage, small system effective competition showings, and broadcast ownership limits. The bill now moves to the Senate, where it is hoped it will be acted on before the end of the year.
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October 24, 2014 10:35 AM | Permalink |
Arthur Harding, Glenn Pudelka
In the latest, but not unexpected, development in the ongoing Aereo saga, the United States District Court for the Southern District of New York has rejected Aereo’s contention that it is a “cable system” eligible for the Copyright Act’s cable compulsory license and has granted the broadcast plaintiffs’ request that a nationwide preliminary injunction be entered against Aereo’s retransmission of over-the-air television programming while that programming is still being broadcast. read more
October 20, 2014 8:23 AM | Permalink |
Arthur Harding
The FCC has released the Second Quarter 2014 Inflation Adjustment Factor for cable operators using FCC Form 1240 to calculate the maximum permitted basic service tier rate.  read more
October 13, 2014 11:36 AM | Permalink |
The Article 29 Data Protection Working Party, an independent advisory body on data protection and privacy set up under Directive 95/46/EC, last month released its approach to the effects of the Court of Justice of the European Union ‘right to be forgotten’ ruling, which recognised the right of individuals to have certain links (namely, those which can be considered inadequate or irrelevant) removed from search engine results. read more
October 2, 2014 8:16 AM | Permalink |
Arthur Harding
As expected, the FCC has voted unanimously to repeal the cable and DBS “sports blackout rule.” The repeal of the sports blackout rule had been proposed by a group representing sports fans and had garnered support from a number of elected officials. In reality, however, the repeal of the rule is unlikely to have any immediate impact on cable and DBS providers or on the availability of sports programming on television.  read more
September 18, 2014 8:44 AM | Permalink |
Arthur Harding
On September 17, 2014, the Senate Committee on Commerce, Science and Transportation approved, by voice vote, the Satellite Television Access and Viewer Rights Act (STAVRA). As discussed in greater detail in our client advisory of September 16, 2014, STAVRA read more
September 18, 2014 8:31 AM | Permalink |
David Anderson, Erin Pfaff
Federal Trade Commission (“FTC”) complaints filed against Yelp Inc. and TinyCo, Inc. allege violations of the Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §§ 6502(c) and 6505(d), and the FTC’s Children’s Online Privacy Protection Rule, 16 C.F.R. Part 312 (“COPPA Rule”) for, inter alia, the unlawful collection of personal information from children without first providing notice to, and obtaining verifiable consent from, parents. read more
September 17, 2014 9:23 AM | Permalink |
Paolo Cerroni
Earlier this year we reported on the European Commission’s approval of the UK’s proposed tax relief on ‘culturally British’ games (see our blog available here). On 19 August 2014, the video games tax relief scheme came into force. The Cultural Test (Video Games) Regulations 2014 (which can be found here), require developers and/or video games companies to score points in a ‘Cultural test’ to be afforded tax breaks.
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September 17, 2014 9:14 AM | Permalink |
Paolo Cerroni
Piracy remains a serious problem in the UK with Ofcom reporting that one in four downloads in the UK in 2013 were pirated. The effects of piracy are significant and far reaching and the entertainment industry has complained of the negative impact on the economy and creativity. Further, the effects of piracy may also be felt by the public at large as rights-holders look to recuperate the resultant shortfalls in revenue by increasing prices of legitimate material or reducing staff numbers. The Digital Economy Act 2010 was the first major legislative attempt to combat the widespread culture of illegal downloading. read more
September 16, 2014 3:59 PM | Permalink |
Arthur Harding
Senators Rockefeller (D-WV) and Thune (R-SD), the chairman and ranking member of the Senate Committee on Commerce, Science and Transportation, have released a revised version of S. 2799, the “Satellite Television Access and Viewer Rights Act” (STAVRA). The full committee is scheduled to vote on the revised bill at a markup session on Wednesday, September 17, 2014 at 2:30 pm.  read more
September 15, 2014 4:08 AM | Permalink |

Following concern over the slipping timetable of the EU draft Data Protection Regulation (‘the Regulation’), this week’s news from Jean-Claude Juncker, incoming President of the European Commission, that he is determined to finalise negotiations on the Regulation by the end of 2015 shall come as a welcome relief.

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September 11, 2014 4:26 AM | Permalink |
Following the Leveson inquiry, there has been some discussion, and confusion, over the obligations of the media under the Data Protection Act 1998 (‘DPA’) and the extent to which the media are restricted by it. read more
September 9, 2014 8:57 AM | Permalink |
Arthur Harding
A couple of quick reminders to cable operators regarding the FCC’s 2014 FY 2014 regulatory fees  read more
September 5, 2014 8:28 AM | Permalink |
A team of Edwards Wildman attorneys will be participating in a webinar where they will discuss the key issues affecting privacy and security in data and high tech. read more
September 2, 2014 8:13 AM | Permalink |
Arthur Harding
The Federal Communications Commission (FCC) has released a Report and Order adopting the schedule of regulatory fees for Fiscal Year (FY) 2014. The Report and Order also discusses certain changes to the regulatory fee rules that were proposed last year and will take effect in Fiscal Year 2015, including an increase in the “de minimis fee” exception from $10 to $500.  read more