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Developments of Note
FCC to Regulate Some Voice Over IP
The Federal Communications Commission (FCC) recently took three significant actions in the regulation of voice over Internet protocol (VoIP) services. On February 12, the agency issued a notice of proposed rulemaking seeking public comment on issues related to providing VoIP. That day, the FCC also ruled that the VoIP service offered by a company that provided the service entirely over the Internet, without interface with the traditional telephone system, is exempt from such regulation. The agency also expressed its intent to initiate a proceeding under the Communications Assistance for Law Enforcement Act (CALEA) to address technical issues associated with law-enforcement access to IP-enabled services such as VoIP. In a related development, the California Public Utilities Commission unanimously voted to assume jurisdiction over any VoIP call that connects with traditional telephone networks. For more, see an FCC press release concerning the matter at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243869A1.pdf.
U.S. Concludes Free Trade Agreement with Australia Containing IP Protection
On February 8, the United States and Australia concluded a free-trade agreement containing intellectual-property provisions. The provisions include a requirement that Australia extend its existing term of protection for intellectual property rights such as copyrights, patents, trademarks and trade secrets. The agreement also requires the adoption of “state-of-the-art protection for digital products,” such as increased criminal and civil protection against unauthorized decoding of satellite television signals, and tighter controls on circumventing technological protection of copyrighted material.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
FCC to Regulate Some Voice Over IP
The Federal Communications Commission (FCC) recently took three significant actions in the regulation of voice over Internet protocol (VoIP) services. On February 12, the agency issued a notice of proposed rulemaking seeking public comment on issues related to providing VoIP. That day, the FCC also ruled that the VoIP service offered by a company that provided the service entirely over the Internet, without interface with the traditional telephone system, is exempt from such regulation. The agency also expressed its intent to initiate a proceeding under the Communications Assistance for Law Enforcement Act (CALEA) to address technical issues associated with law-enforcement access to IP-enabled services such as VoIP. In a related development, the California Public Utilities Commission unanimously voted to assume jurisdiction over any VoIP call that connects with traditional telephone networks. For more, see an FCC press release concerning the matter at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243869A1.pdf.
U.S. Concludes Free Trade Agreement with Australia Containing IP Protection
On February 8, the United States and Australia concluded a free-trade agreement containing intellectual-property provisions. The provisions include a requirement that Australia extend its existing term of protection for intellectual property rights such as copyrights, patents, trademarks and trade secrets. The agreement also requires the adoption of “state-of-the-art protection for digital products,” such as increased criminal and civil protection against unauthorized decoding of satellite television signals, and tighter controls on circumventing technological protection of copyrighted material.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Role and Responsibilities of Practice Group Leaders
Ideally, the objective of defining the role and responsibilities of Practice Group Leaders should be to establish just enough structure and accountability within their respective practice group to maximize the economic potential of the firm, while institutionalizing the principles of leadership and teamwork.