HHR New Media, Entertainment and Technology Group

In a previous post, we discussed “The Secure Federal File Sharing Act” (H.R. 4098), a bill introduced in the House that was aimed to improve security in federal computing by barring federal employees and contractors from downloading, installing, or using peer-to-peer (P2P) software absent prior official approval.  The House ultimately passed this bill on March 24, 2010.  On June 14, 2010, Senators Claire McCaskill (D-MO) and Robert F. Bennett (R-UT) introduced a companion bill under the same name in the Senate (S. 3484).  This bill has been referred to the Senate Homeland Security and Governmental Affairs Committee.  Continue Reading »

Since our last post on net neutrality, the debate has focused on the administrative questions as to who will set the guidelines for internet regulations and how those regulations will be implemented.  Since the D.C. Court of Appeals ruled that the FCC did not have the authority to regulate Comcast’s network management practices under Title I of the Communications Act, as predicted, the Commission has sought alternative ways to reclassify broadband services in order to extend regulatory authority over ISPs under the Act.   Last week, by a 3-2 vote, the FCC moved one step closer to reclassifying broadband to reestablish authority over ISPs.  In its meeting, the FCC released a Notice of Inquiry to seek comment on the proposed changes for broadband regulation.  Continue Reading »

Earlier this month, the DC Court of Appeals dealt a blow to the FCC’s “net neutrality” initiatives when it held that the Commission did not have the authority to sanction Comcast for employing network management practices that targeted users of P2P applications.  However, by basing its reasoning on a straightforward (and not surprising) interpretation of the Communications Act of 1934, the Court’s decision cannot be called a knock-out and it is likely that we will see a tactical shift in the FCC’s efforts to implement net neutrality regulations. Continue Reading »

With all of the attention “TV Everywhere” is getting, it is not surprising that the most recent scrutiny is coming from public interest groups that are claiming the TV Everywhere platform (under which cable providers will offer their subscribers access to the content on screens outside of their homes) presents significant antitrust concerns.   Just two weeks after Comcast launched X-Finity, its version of TV Everywhere, several public interest groups petitioned the Justice Department and the Federal Trade Commission to investigate perceived antitrust violations.  Free Press, Media Access Project, Consumers Union, Consumer Federation of America and New America Foundation’s Open Technology Initiative are among those who have asserted that the TV Everywhere model is anticompetitive because it  will cause a rise in prices, divide markets, tie products and threaten new competition.   Continue Reading »

The latest in our on-going series of CLE-accredited Webinars will focus on the critical legal and business issues and questions raised by the emerging phenomenon of “TV Everywhere,” a digital platform agnostic solution that promises to enable pay TV subscribers online access to their programming wherever they may consume it via an Internet enabled device. Our team will address topics including:

• Methodologies to authenticate subscribers and the technological burdens of implementing such authentication methodologies;
• Protection of personally identifiable information (PII) of subscribers and controlling access to such subscriber PII;
• Impact of the FCC’s proposed “net neutrality” rules on TV Everywhere initiatives; and
• Potential business models and revenue opportunities for stakeholders, including revenue streams from enhanced subscription fees, premium advertising fees, etc.

The one-hour Webinar will also feature “live chat” functionality to enable viewers to ask questions and comment on the presentation in real-time. Presentation materials will be available for download.

The Webinar will be held on Thursday, March 11th, 2010 from 12:30 p.m. to 1:30 p.m. EST. To register, click here.