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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 |
Seth Davidson, 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 |
Sarah Pearce, Annie Clarke
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 |
Seth Davidson, 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, Seth Davidson
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, Elle Hosie
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, Emma Kingston
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 |
Seth Davidson, 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 |
Sarah Pearce, Annie Clarke

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 |
Sarah Pearce, Annie Clarke
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 |
Seth Davidson, 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, Seth Davidson
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
September 2, 2014 6:10 AM | Permalink |
Sarah Pearce, Jane Elphick
Last month, The Information Commissioners Office (the ICO) released a report entitled ‘Big data and data protection’ (the Report), which addresses the issues surrounding the big data debate and how businesses can ensure their big data practices are compliant with current data protection law. read more
August 11, 2014 12:18 PM | Permalink |
Sarah Pearce, Jane Elphick
Back in May this year, the CJEU handed down a ruling which will impact not only search engines, but companies all over the world who process data in Europe. For commentary please click here or for practical advice following the ruling click here. read more
August 7, 2014 1:52 PM | Permalink |
David Anderson
On August 6, 2014, the Federal Trade Commission announced that it had approved another Children’s Online Privacy Protection Act (“COPPA”) safe harbor provider. read more
July 31, 2014 1:38 PM | Permalink |
David Anderson

On July 16, 2014, the FTC issued its first update to the Children’s Online Privacy Protection Act FAQs.

All of the updates were with respect to FAQ’s related to Verifiable Parental Consent. FAQ H.5 and FAQ H.10 were updated and revised, while FAQ H.16 is completely new.

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Threats to mobile security were highlighted in a report recently published by McAfee, the provider of digital and online security services and software (see the full report here). In particular, it stressed the growing threat posed by malware targeting mobile platforms, increasingly through apps and services downloaded by the device’s user, in order to gain unauthorised access to personal and sensitive commercial data.

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July 28, 2014 8:49 AM | Permalink |
Sarah Pearce, Jane Elphick
The International Data Corporation recently reported that worldwide public cloud revenue reached £26.7 billion last year. Rapid developments in the sector present new challenges to EU data protection law, in particular, the way in which Cloud Service Providers (CSPs) transfer data across Europe and worldwide have prompted unease from European ministers. read more