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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
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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.