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FCC's Proposed Rulemaking For Broadband Internet Access Providers
In 2015, the Federal Communications Commission (FCC) issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so took jurisdiction over privacy and data security matters for Internet Service Providers (ISPs). The FCC declined requests by some advocacy groups to take jurisdiction over online service providers that do not offer broadband access, even if they offer services that, in ways, arguably look like a communications provider ' so-called “edge networks” like Facebook, Google, and Yahoo. Indeed, doing so would have stretched the Commission's jurisdiction even beyond the significant expansion required to regulate BIAS.
Having taken on BIAS, the Commission needed to address the FCC's privacy and data protection regulatory scheme, which was designed to address traditional telephone carriers, and the expanded jurisdiction necessitated refinement of the approach to address BIAS and the different kinds of data involved between data services and telephonic services. On March 31, 2015, the FCC issued a Notice of Proposed Rulemaking (NPRM) in proceeding 16-39 (In the Matter of Protecting the Privacy of Customers of Broadband and other Telephonic Services) for the privacy and data security regulatory scheme for ISPs, a copy of which is available at http://bit.ly/1TC8BUU. In short, the proposal would create a very burdensome privacy protection scheme that applies to BIAS, but to no other types of online services.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.