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Future Shock? Uncertainty over Long-Term Effects of the FCC Privacy Rules Repeal
While the recent repeal of the Federal Communications Commissions' (FCC) broadband privacy rules have caused an uproar over what many may see as lagging federal data privacy protections, it does little to change how broadband Internet service providers (ISPs) handle their users' data.
The privacy rules, put forth in the waning days of the Obama Administration, placed several privacy and security obligations on broadband ISPs, among them the need to “obtain affirmative consent when offering financial incentives in exchange for the right to use a customer's confidential information,” and the requirement to more clearly provide privacy notices to their customers, according to the FCC.
Because the rules were scheduled to take effect in late 2017, the repeal “doesn't change anything immediately,” Behnam Dayanim, partner from Paul Hastings' Privacy practice, told our ALM sibling Legaltech News. But in the long term, their effect is far more significant. Since the rules “did provide some certainty” on how broadband ISPs can collect and sell their customer data, their repeal essentially leaves open the question of how to interpret the laws regulating such activity.
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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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?