41 research outputs found
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Net Neutrality: The Federal Communications Commission's Authority to Enforce Its Network Management Principles
This report discusses the major debate over the government's role in the Internet. Legally, the question appears to be whether the Federal Communications Commission (FCC or Commission) currently has the authority to regulate the ways in which Internet Service Providers (ISPs) manage Internet traffic over their networks
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Privacy Law and Online Advertising
This report will examine the application of the Electronic Communications Privacy Act and the Communications Act to online behavioral advertising in more detail. It is likely that in many cases these laws could be held to apply to such activities and that these methods of data collection would be forbidden unless consent is obtained from one of the parties to the communication
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The FCC's Authority to Regulate Net Neutrality After Comcast v. FCC
This report discusses the major debate over the government's role in the Internet that is currently occurring. Legally, the question appears to be whether the Federal Communications Commission (FCC or Commission) currently has the authority to regulate the ways in which Internet Service Providers (ISPs) manage Internet traffic over their networks. The FCC adopted an Internet Policy Statement in 2005 that expressed the agency's support for a policy of non-discrimination toward Internet traffic, subject to reasonable network management
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Journalists' Privilege: Overview of the Law and Legislation in Recent Congresses
This report gives an overview of the law regarding journalistic privilege. Included are the responses of the 110th and 111th Congresses regarding the law
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Net Neutrality: Selected Legal Issues Raised by the FCC's 2015 Open Internet Order
This report discusses the primary legal issues raised by the Federal Communication Commission's (FCC's) 2015 Open Internet Order: the FCC's authority to reclassify broadband Internet access services, the FCC's authority to forbear from the imposition of Title II regulations following reclassification, the FCC's authority under Section 706 of the Telecommunications Act of 1996, and whether the FCC properly complied with the Administrative Procedure Act
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Merger Review Authority of the Federal Communications Commission
This report will explain the merger review process at the Federal Communications Commission (FCC or Commission). Whenever companies holding licenses issued by the FCC wish to merge, the merging entities must obtain approval from two federal agencies: the Department of Justice (DOJ) and the FCC. The Commission and the DOJ do not follow precisely the same process or reasoning when examining the potential effects of proposed mergers. The Act permits the Commission to grant the transfer only if the agency determines that the transaction would be in the public interest. The public interest standard is generally broader than the competition analysis authorized by the antitrust laws and conducted by the DOJ. Therefore, the Commission possesses greater latitude to examine other potential effects of a proposed merger beyond its possible effect on competition in the relevant market
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Banning Crush Videos: Legislative Response to the Supreme Court’s Ruling in U.S. v. Stevens and Lingering First Amendment Questions
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Funeral Protests: Selected Federal Laws and Constitutional Issues
This report discusses the Supreme Court's decision in Snyder vs. Phelps, which deals with the question of Westboro Baptist Church's tort liability, a church that has protested military funerals for a number of years. It analyzes the constitutional issues facing federal laws that create funeral protest buffer zones and examines legislative options for amending the federal laws restricting funeral protests, including H.R. 961
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Net Neutrality: Selected Legal Issues Raised by the FCC's 2015 Open Internet Order
This report discusses the primary legal issues raised by the Federal Communication Commission's (FCC's) 2015 Open Internet Order: the FCC's authority to reclassify broadband Internet access services, the FCC's authority to forbear from the imposition of Title II regulations following reclassification, the FCC's authority under Section 706 of the Telecommunications Act of 1996, and whether the FCC properly complied with the Administrative Procedure Act
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CRS Legal Sidebar
This report discusses the U.S. Court of Appeals for the Ninth Circuit decision in "FTC v. AT&T Mobility". The implications of this decision on net neutrality are also discussed