The Internet has transformed the ways that we access, consume, and use information. For years, debates have raged in both the United States and Europe over so-called “network neutrality”—the extent to which the government should require entities that provide Internet access services to treat the content that they transmit equally. In the past several months, there have been significant events with regard to network neutrality laws in the U.S. and the EU. Regulators in both jurisdictions have promulgated sweeping rules that impose new obligations on companies that operate in the telecommunications sector. This article provides an overview and high-level comparison of the new legal framework in both jurisdictions, and offers some key takeaways for companies affected by network neutrality laws on both sides of the Atlantic.
Continue Reading The FCC’s Open Internet Order and the EU’s Network Neutrality Regulation: A Comparison and Key Takeaways for Players in the Telecommunications Sector

Telecommunications carriers must take precautions to protect call and location data stored on customers’ devices, according to the Federal Communications Commission (FCC).1 As discussed in a prior WSGR Eye on Privacy article,2 the FCC reacted to the carriers’ use of Carrier IQ to collect customers’ call information, despite its data security vulnerabilities. The FCC sought public comment on whether this type of data collection should fall within the agency’s authority under the Communications Act of 1934, as amended. After reviewing public comments, the FCC issued a Declaratory Ruling concluding that carriers must provide safeguards for certain types of data that carriers cause to be stored on their customers’ devices directly or through their agents. This security requirement applies to data transferred to carriers’ systems as well as data stored on the consumers’ devices.
Continue Reading FCC Actions Clarify That Mobile Data Security Rules Apply to Data on Devices