Monthly Archives: November 2012

ICO Issues £440,000 Fine to Telecoms Company for Illegal Direct Marketing

By Bonnie Drury and Ezra Steinhardt On 28 November 2012, following an 18-month investigation, the UK Information Commissioner’s Office (ICO) announced that it had fined the joint owners of Tetrus Telecoms (Tetrus) a total of £440,000 under the Privacy and Electronic Communications Regulations (PECR).  The fine penalized Tetrus for sending millions of unsolicited text messages … Continue Reading

European Commission Establishes European Cloud Partnership Steering Board

By Ezra Steinhardt and Fredericka Argent The first meeting of the new Steering Board of the European Cloud Partnership (“ECP”) was held this week in Brussels.  The meeting, and the formation of the Steering Board, represent some of the first concrete steps towards the implementation of the European Commission’s plan to develop Europe’s cloud computing … Continue Reading

9th Circuit Will Rehear Challenge to Law Barring Public Broadcasters from Airing Paid Political Ads

A federal appeals court will rehear a case in which a split three-judge panel ruled it was unconstitutional to prohibit non-commercial broadcast stations from selling political advertisements. A federal statute, 47 U.S.C. § 399b, generally prohibits public broadcasters from airing “advertisements,” which the statute defines to include paid messages that (1) promote a for-profit entity’s … Continue Reading

SpectrumWatch: All Five FCC Commissioners will Testify Before House Communications and Technology Subcommittee on December 12 Regarding Spectrum Act Implementation

All five Federal Communications Commission Commissioners will testify on “Keeping the New Broadband Spectrum Law on Track” on Wednesday, December 12, 2012 before the Communications and Technology Subcommittee of the House Energy & Commerce Committee. As they become available, further details will be posted here. Congress gave the FCC authority to conduct incentive auctions to … Continue Reading

The Federal Trade Commission Keeps a Watchful Eye on Internet Affiliate Marketers

The Federal Trade Commission (“FTC”) announced settlement yesterday with an online marketer accused of using fake news sites to entice customers to buy acai berry weight-loss products and colon cleansers.  The settlement was the latest in a string of FTC actions aimed at Internet affiliate marketers using fake web sites to make weight-loss claims.… Continue Reading

A Mixed Decision for Fox in the Hopper Case

The California court that is hearing Fox’s challenge concerning DISH’s Hopper set-top-boxes and related AutoHop feature has issued a decision denying Fox’s request for a preliminary injunction.  The Hopper can be used to automatically record primetime programming from the four major broadcast television networks, and the AutoHop feature allows viewers to automatically skip the commercials … Continue Reading

Federal Communications Commission (FCC) to Issue Decision in Long-Running LPFM Proceeding

The Federal Communications Commission (FCC) has announced that at its upcoming open meeting, which will take place on November 30, it will issue an order in its proceeding on low power FM radio translators.  You can see the agenda here.  This is another step in a years-long proceeding to implement the Local Community Radio Act … Continue Reading

European Parliament Endorses Amendments to Dual-Use Regulation; Export Controls Could Include Unlisted Internet and Mobile Surveillance Technologies

By Agnieszka Polcyn, Fredericka Argent, and Ezra Steinhardt On 23 October 2012, the European Parliament adopted a number of suggested amendments to the European Commission’s proposal to amend the Dual-Use Regulation (428/2009) (the “Dual-Use Regulation”).  The amendments include a proposal to encompass surveillance equipment within the scope of the EU’s export controls.  This move echoes … Continue Reading

Google Settles Search Engine Advertising Litigation With Rosetta Stone—But Sponsored Advertising Disputes Will Likely Persist

Earlier this week, Google Inc. and Rosetta Stone Inc. settled their dispute over whether the sale of Rosetta Stone’s name to third parties for search-engine advertising constitutes an infringing use of Rosetta Stone’s trademark.  Google’s AdWords advertising platform permits third parties to purchase “sponsored links” that are shown to users whose online searches include certain … Continue Reading

Rights Holders Find Increasingly Favourable Climate for Requests for Website-Blocking Orders from Courts in Europe

By Jacqueline Clover and Ezra Steinhardt On 30 October, 2012, press reported that the Finnish Supreme Court had rejected an appeal from Elisa, a Finnish internet service provider (ISP), against a court order that required Elisa to block its users from accessing the well-known file-sharing website, The Pirate Bay. The order, which was granted in … Continue Reading