By Paul Glist
On Dec. 23, 2010, the Federal Communications Commission (FCC) released its Report and Order (R&O), and the text of the net neutrality rules it adopted on Dec. 21, 2010. The rules are summarized in our prior advisory, but the R&O contains many important details and nuances. (For the full text of the order, see Report and Order).
The R&O offers a detailed illustration of the wide ranging disclosure that wireline and wireless providers must provide of commercial terms, performance, and network management practices. The sample disclosure includes “typical frequency of congestion” for networks that manage congestion; how any specialized services may affect the last-mile capacity available for, and the performance of, broadband Internet access service; third-party device and application approval procedures for mobile broadband providers; security mechanisms; details on any inspection of network traffic, and the storage or transfer of such data; and practices for resolving end-user and edge provider complaints and questions. Continue reading
By Xiangjun (Jay) Si
It is common for employers in China to run background checks on job applicants before making an employment offer. Required information may typically include criminal records, educational background, qualifications, and references from previous employers. This advisory provides a brief legal analysis of these checks and some suggestions to help employers comply with Chinese employment law.
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The FCC has issued the rules. You can read them here.
The actual substantive rules are quoted below.
Part 8 of Title 47 of the Code of Federal Regulations is added as follows:
PART 8 – PRESERVING THE OPEN INTERNET
Full Court including Kagan is likely to revisit the issue
By Stephen C. Ellis and William L. Weigand
Can a U.S. retailer import copyrighted goods it purchased overseas at prices significantly below those in the U.S., and then sell them at retail prices significantly below those prevailing in the U.S. for the same product models? The answer is a clear “maybe.”
By Paul Glist
On Dec. 21, 2010, the Federal Communications Commission (FCC) adopted net neutrality rules, which largely implement existing Internet traffic and management practices, impose new non-discrimination and transparency rules, but leave room for specialized or managed services and usage based billing. The order is notable for basing jurisdiction mostly on Title I and ancillary jurisdiction, rather than reclassifying broadband as a Title II common carrier service.
As expected, the vote was adopted on a 3-2 partisan vote. Democratic Commissioners justified the order as a compromise necessary for maintaining the Internet as an open platform where innovation may occur without seeking regulatory permission, while providing certainty conducive to investment at the edge as well as in the broadband network core. In vigorous dissent, Republican Commissioners questioned any need for departing from the successful history of building and maintaining an open Internet by leaving it largely free of government regulation.
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