Mozilla Case Could Have Ramifications for VoIP Pre-emption

This is a guest article written by Adam Bender in which he quotes Martha Buyer
A fight over states seeking to regulate interconnected VoIP could return to the Supreme Court if it reviews the 2017 FCC net neutrality repeal, some experts told us. The court last month denied certiori to the Minnesota Public Utilities Commission, which appealed an 8th U.S. Circuit Court of Appeals' decision that VoIP is an information service exempt from state regulation (see 1910210059). Justices Clarence Thomas and Neil Gorsuch’s concurrence said their court should address in an “appropriate” case an underlying question about if federal nonregulation can pre-empt state regulation. That's seen opening a new path of attack for states.

Click to read more ...

VoIP Legality: What Does Federal Inaction Mean?

Following the Supreme Court's decision not to hear a VoIP regulation case, states now have the potential to enact their own laws related to VoIP taxes, surcharges, and fees.
The Supreme Court decision, released on Monday, Oct. 21, not to hear an appeal of a case about whether Charter Advanced Services’ VoIP offering can be regulated by the Minnesota public utilities commission (PUC) has major implications for the communications market.

Click to read more ...

Appeals Court Net Neutrality Review: Mixed Bag

While validating much of the FCC’s Internet regulation mechanisms, pre-emption and public safety schemes didn’t pass the court’s muster.
With all the presidential drama in Washington of late, it’s often easy to overlook the fact that other government activities are unfolding along much more traditional lines. Such is the case with Net neutrality. A new (but certainly not a final) chapter in this story was released late last month when the D.C. Circuit Court of Appeals issued its long-awaited decision on the appeal of the FCC’s “Restoring Internet Freedom” order (in my opinion, inappropriately named as it does anything but!).

Click to read more ...

Privacy by Degree

Some thoughts on privacy rights in the U.S., and the implications of impending privacy legislation.
Early this month, I had the opportunity to participate in continuing legal education on the future of privacy and privacy law. As I prepared to listen and learn, I wasn’t expecting to be jarred by an issue that, in all honesty (and said with a bit of guilt), had never crossed my mind. That is: Privacy isn’t a right in the U.S., and your position in society says a great deal about how much actual privacy you have.

Click to read more ...

The Not-So-Private Elevator

Next time you’re in an elevator, be advised that someone – besides building security and fellow elevator riders – might be listening.  
A recent Wired article exposed the hidden world of elevator phreaking. By calling an unsecured elevator phone, a third party can expose a person, and potentially an enterprise, to a major security and privacy risk. Since elevator phones doesn’t require anyone to pick up the phone to open the circuit, a third party can make a call and be connected – allowing them to eavesdrop on conversations happening inside the elevator. Given the competitive nature of industries like banking and technology, it isn’t completely unthinkable for a hacker to eavesdrop this way.

Click to read more ...