Michael Beder

Michael Beder

Michael Beder is an associate in the firm’s Washington, DC, office. He is a member of the Communications and Media, Data Privacy and Cybersecurity, and Litigation practice groups.

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Court Strikes Net Neutrality Rules, Leaves Path for Other Broadband Regulations

A federal appeals court struck down key parts of the Federal Communications Commission’s Open Internet Order in a Jan. 14 decision, ruling that the FCC’s “net neutrality” rules improperly regulate broadband providers like “common carriers” — such as providers of traditional telephone service — even though the FCC has classified broadband providers as not subject … Continue Reading

New Jersey Restricts Employer Access to Employees’ Personal Online Accounts

New Jersey has enacted restrictions on the ability of employers to access employees’ social media accounts, becoming the twelfth state to enact such legislation. More than 30 state legislatures have considered bills on the topic in 2013, according to the National Conference of State Legislatures. New Restrictions in New Jersey New Jersey’s new law, signed … Continue Reading

SpectrumWatch: Congress, FCC Consider Options for TV Spectrum Repacking, Cable Pricing

A congressional subcommittee held an oversight hearing Tuesday addressing the Federal Communications Commission’s progress in setting rules for the upcoming incentive auction of television broadcast spectrum for mobile broadband use. On Monday, the FCC released a Public Notice addressing one aspect of those rules, which would govern how TV stations that do not sell their … Continue Reading

Senators, Justice Department Voice Support for Expanding Journalists’ Protections

A group of senators announced on Wednesday that they would renew their push for federal legislation to limit the ability of federal authorities to compel journalists to reveal information about or obtained from confidential sources, after the U.S. Department of Justice announced it would tighten its own standards for when to seek such information. The … Continue Reading

FCC: Customer Data Carriers Obtain Through Mobile Devices Subject to Existing Privacy Rules

Telecommunications carriers and providers of interconnected VoIP service with access to certain kinds of customer information collected through mobile devices are subject to existing privacy rules governing their use and disclosure of that information, the Federal Communications Commission announced in a declaratory ruling adopted at its June 27 meeting.  Significantly, the decision makes clear that … Continue Reading

SpectrumWatch: FCC Draws Criticism on Band Plan Proposals

A joint statement released today by AT&T, the National Association of Broadcasters, and Verizon criticized the FCC for seeking comments on new proposals for reorganizing the spectrum currently used by television broadcasters, which the statement said would go against the “growing consensus” of the broadcast and wireless industries.… Continue Reading

FCC Confirms That Sellers Can Be Liable for Telemarketer TCPA Violations

A seller who authorizes a third-party telemarketer to market the seller’s goods or services may be held vicariously liable if the telemarketer violates the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission held in a May 9 declaratory ruling. The FCC’s ruling interprets two subsections of the TCPA. The first subsection — 47 U.S.C. … Continue Reading

SpectrumWatch: FCC Considers Alternative Band Plans for Post-Incentive Auction Spectrum

In a Public Notice released yesterday, the Federal Communications Commission asked for comments on several possible plans for reorganizing the spectrum currently used by television broadcasters. Initial comments are due June 14, with reply comments due June 28. Under a statute passed last year, broadcast television stations will be allowed to voluntarily participate in an … 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: FCC Approves Deal to Spur 4G LTE Deployment in “Long-Troubled” WCS Band

The Federal Communications Commission on Wednesday approved rules to spur the long-stalled development of the 2.3 GHz Wireless Communications Service band by resolving interference issues between WCS and satellite radio services. The FCC noted that “most of the WCS licenses have gone unused for approximately 15 years,” since the licenses first were auctioned in 1997.  … Continue Reading

Wireless Carriers Meet First Deadline on Anti-“Bill Shock” Alerts

The Federal Communications Commission announced Wednesday that U.S. wireless carriers are on track to meet voluntary commitments they made one year ago to provide alerts that help customers avoid unexpectedly high bills. Under a voluntary agreement announced by FCC Chairman Julius Genachowski in October 2011, members of CTIA-The Wireless Association agreed to provide free, automatic … Continue Reading

FCC Allows All-Digital Cable Systems to Encrypt Basic Tier

Cable systems that have converted to all-digital transmission will be allowed to encrypt their basic-tier programming, the Federal Communications Commission decided last week. The FCC on Friday released its full Report and Order, which explained the decision and outlined transitional protections for existing subscribers who might be affected. Background  Previously, FCC rules prohibited cable operators … Continue Reading

FCC Updates Online Public File System for TV Broadcasters

The Federal Communications Commission has announced the addition of several new features to its online public inspection file system for TV broadcasters. The new features allow stations to upload documents such as Annual EEO Public File Reports, lists of ownership-related contracts and agreements, and supplemental materials related to applications, authorizations, and EEO investigations. The FCC’s … Continue Reading

District Court: Google Books Case Will Proceed While Class Certification Is Appealed

A copyright-infringement lawsuit challenging the Google Books service will proceed in a New York federal district court, even while an appeals court considers whether the suit can proceed as a class action. In an order filed Wednesday, Judge Denny Chin declined Google’s request to stay the district-court proceedings. Judge Chin granted class-action status to the … Continue Reading

Appeals Court: TV-Streaming Service Not “Cable System” Under Copyright Act

A federal appeals court this week upheld a preliminary injunction against an online service that streamed live broadcast television programming to subscribers. ivi, Inc. launched its television-streaming service in September 2010, and by early 2011 it was retransmitting the signals of dozens of TV stations from New York, Seattle, Chicago and Los Angeles.  Broadcasters and … Continue Reading

TV Broadcaster Online Public Inspection File: Two Weeks In

The Federal Communications Commission’s new online system for hosting television broadcasters’ public inspection files has now been live for two full weeks. The system officially launched August 2, which means stations are required to upload most categories of public file documents created from that day forward and to finish uploading most older public-file documents by February 2, … Continue Reading

Appeals court allows Google to challenge class certification in Google Books suit

Google may appeal a New York federal district court’s decision to grant class-action status to a copyright-infringement lawsuit challenging the Google Books service, the U.S. Court of Appeals for the Second Circuit ruled Tuesday.  The Authors Guild, Inc. v. Google, Inc., No. 12-2402 (2d Cir. Aug. 14, 2012). Google launched its Google Books Library Project … Continue Reading
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