Catagory:Other Topics

By Nickolas Milonas, Marc Martin, and Paul Stimers

In the wake of recent cyber attacks on US banks, newspapers, and government agencies, President Obama signed an executive order to strengthen the nation’s cyber defenses and protect its critical infrastructure. The President announced the executive order during Tuesday’s State of the Union address, noting the order aims to increase “information sharing” between government and industry and to develop “standards to protect our national security, our jobs, and our privacy.”

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A live webcast program entitled Privacy Untangled, featuring Federal Trade Commission Chairman Jon Leibowitz and an expert panel will be carried on Broadband US TV on Friday, October 26, 2012, from 1:00-2:30 p.m. ET.

Balancing privacy with commercial interests has become increasingly complex and contentious, as businesses and government organizations rely on the collection, storage, and sharing of online and mobile consumer data. Recent regulatory initiatives, including the White House’s proposed Consumer Privacy Bill of Rights and related workshops, and the privacy enforcement actions and best practices reports of the FTC have placed evolving privacy practices in the spotlight. In addition, privacy watchdog groups continue to criticize the government’s privacy initiatives as insufficient, while service providers complain of the government over-reaching in its regulatory approach towards industry privacy practices.

An in-depth examination of these issues will be provided in a live webcast with co-hosts Marty Stern of K&L Gates and Jim Baller of the Baller Herbst Law Group. In addition to special guest FTC Chairman Jon Leibowitz, the program will feature an expert panel with Sue Kelley, American Public Power Association General Counsel; Deborah J. Matties, Attorney Advisor to FTC Chairman Leibowitz; Emily Mossberg, Principal at Deloitte & Touche LLP; Ross Shulman, Public Policy and Regulatory Counsel at the Computer and Communications Industry Association; Bernin Szoka, President at TechFreedom, and Peter Swire, former Chief Counsel for Privacy under President Clinton and current professor at the Ohio State University.

The panel will engage in a lively discussion regarding privacy issues and the government’s recent initiatives to adjust privacy regulations for an evolving online and mobile marketplace.

You can register for the webcast here (free registration required).

As social media continues to blur the line between personal and professional lives, employers have grappled with whether they can or should use social media to monitor current employees or screen potential hires. While social media can provide employers with information to combat workplace harassment, protect confidentiality, and conduct internal background checks, recent lawsuits, media reports, and legislative activity at both the state and federal level indicate that employers may put themselves and their businesses at risk for taking action in the workplace for something posted online. In addition to recently enacted or proposed state laws prohibiting employers from requesting or requiring access to employee or applicant social media accounts, using social media information may potentially violate privacy, anti-discrimination, and labor laws as well as the terms of use of many social media sites.

A detailed summary of these potential risk areas that employers should consider as their social media practices and policies progress may be found here.

As a part of its recent push to encourage high-speed broadband deployment nationwide, the White House recently announced the creation of the public-private “U.S. Ignite” initiative aimed at providing next-generation broadband networks to support education, manufacturing, health, transportation, public safety, and clean energy systems. Consisting of nearly 100 corporations, municipalities, and non-profit organizations, the initiative hopes to interconnect communities with advanced fiber networks in order to facilitate sharing of knowledge, skill, and applications in critical public service areas.

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The importance of broadband deployment for economic development will be explored in a special, two-day webcast carried on Broadband US TV live from the Broadband Communities Summit in Dallas, Texas beginning tomorrow, April 24, 2012. The Summit will feature leaders from federal and local governments, public policy groups, and the broadband industry. The webcast will include discussions on the construction of advanced broadband systems, government incentives and support, innovative financing methods, and regional deployment challenges.

You can access the webcast here (free registration required).

The spectrum title of the recently enacted Middle Class Tax Relief and Job Creation Act of 2012 includes sweeping provisions on public safety broadband, freeing up broadcast spectrum for wireless broadband, and the future of television white spaces. Yet significant questions remain over the meaning of the Act’s key provisions and its implementation.

These issues and others will be examined in a special two-hour live webcast carried on Broadband US TV from 1:00-3:00 pm (ET) on April 4th. Co-hosts Marty Stern of K&L Gates and Jim Baller of the Baller Herbst Law Group will be joined by two expert panels to discuss the Act’s meaning, impact, and implementation. The first panel, covering implications for public safety and other governmental entities, will feature Stephen Traylor, Executive Director of NATOA; Brett Kilbourne, Deputy General Counsel of the Utilities Telecom Council; Brett S. Haan of Deloitte Consulting; and Roger Wespe, Government Relations Manager at APCO International. The second panel, covering impacts on broadcasters, wireless carriers, and the tech community, will feature Michael Calabrese of the New America Foundation; Lawrence Krevor, Vice President at Sprint Nextel; Kevin Krufky, Vice President of Public Affairs at Alcatel-Lucent; and Peter Tannenwald, Member of Fletcher, Heald & Hildreth.

You can access the webcast here (free registration required).

Susan Crawford, former science and technology advisor to President Obama and current visiting professor at the Kennedy School and Harvard Law School, recently warned of a “crisis” in American broadband competition, positing the growing dominance of cable operators over broadband access, as well as a "new digital divide" between those who have access to high-capacity broadband networks and those who do not. Ms. Crawford discusses her views on the state and future of broadband competition in an interview with co-hosts Marty Stern of K&L Gates and Jim Baller to be carried on Broadband US TV on February 28th, in a live webcast from 1:00-2:30 pm (ET). Ms. Crawford’s interview will be followed by an expert panel, featuring Larry Krevor, Vice President of Government Relations for Sprint Nextel; Dr. Lev Gonick, CIO of Case Western Reserve University; and Everett M. Ehrlich, President and business economist at ESC Company. The panel will debate Ms. Crawford’s recent articles, the battles among wireline broadband providers, the role of wireless in broadband competition, and the future of broadband competition in America.

You can register for the free live webcast by clicking here

As the latest cycle of retransmission consent negotiations draws to a close, battles between local broadcast stations and programming distributors continue unabated. These disputes have resulted in retransmission rate hikes, requests for FCC intervention in disputes, proposals to eliminate the retransmission consent rules entirely, and regional blackouts of major sporting events and other channels. Meanwhile, the FCC has yet to act on proposed reforms to its retransmission consent rules proposed in March 2011.

These issues will be examined by an expert panel in a webcast carried on Broadband TV US on Thursday, January 26, 2012, from 1:00-2:30 p.m. (EST). Co-hosts Marty Stern of K&L Gates and Jim Baller of the Baller Herbst Law Group will be joined by John Bergmayer of Public Knowledge; Toni Bush of Skadden, Arps, Slate, Meagher & Flom; John Hane of Winthrop, Shaw, Pittman; Ross Lieberman of the American Cable Association; Cristina Pauze of Time Warner Cable; and Richard Waysdorf of Starz. The webcast will examine all sides of the debate over whether the rules governing retransmission consent for local broadcast stations should be reformed.

You can access the webcast here (free registration required).

Update (11/22/11): The FTC extended the deadline for comments on the proposed COPPA reforms until December 23, 2011, citing the complexity of the questions and issues raised by the proposed amendments. The original comment deadline was November 28, 2011.

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The Federal Trade Commission recently announced a set of proposed revisions to the Children’s Online Privacy Protection Act (“COPPA”) which would expand the Act’s application to a greater number of websites and online services. COPPA requires that website operators notify parents and obtain parental consent before they collect, use, or disclose personal information from individuals under 13 years of age. Specifically, the proposed rules would expand the definition of personal information to include so-called “persistent identifiers,” which represent unique user identification information obtained for purposes other than for the support of the internal operations of a website or online service. The new rules would also extend COPPA protections to photographs, videos, or audio files that include a child’s image or voice. The FTC will consider a wider range of factors, including whether a website includes child celebrities and music content, when determining whether the site or online service is directed to children. The proposed rules rejected a number of alternative means of obtaining parental consent proposed by stakeholders and declined to establish a safe harbor for websites and online services which follow best practices guidelines issued by the Direct Marketing Association.

A K&L Gates Client Alert providing a detailed summary of the FTC’s proposed COPPA revisions and an analysis of the potential impacts of the reforms on websites and online services may be found here.