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TechREG Chronicle

TechREG® Chronicle – Network Neutrality
 |  May 27, 2024

Dear Readers, Originally introduced in the 1990s, network neutrality is usually understood to refer to the principle that Internet service providers must treat all Internet communications equally. Concretely, they must…

Not the Same Old Broken Record?: Why Judicial Review of the 2024 Net Neutrality Rules Could Be Different
 |  May 27, 2024

Judicial review of the Open Internet Order adopted by the Federal Communications Commission (“FCC”) in April 2024 has the chance to deviate substantially from the deferential scrutiny that resulted in…

The Expert Agency on Communications
 |  May 27, 2024

The FCC recently voted to re-adopt so-called “net neutrality” rules in the Safeguarding and Securing the Open Internet Report and Order. Although the final order has not yet been released, the…

On the New Administrative Law of Broadband Classification
 |  May 27, 2024

The Federal Communications Commission’s powers to classify and regulate broadband internet access service rest upon some basic precepts of administrative law. But as the Commission revisits the regulatory classification of…

U.S. Net Neutrality Regulation: Here Again… For Now
 |  May 27, 2024

Net Neutrality rules for broadband ISPs such as Comcast, Verizon, AT&T, and T-Mobile have been debated, adopted, curtailed, and re-enacted in the U.S. for over two decades.  With the April…

Network Neutrality as Governance Seam
 |  May 27, 2024

This essay explores how network neutrality leverages friction-in-design of the Internet’s layered architecture to constrain the ability of network providers to exercise control over user activities, otherwise enabled by their…

Title II: The Model T of Broadband Regulation
 |  May 27, 2024

The Federal Communications Commission’s (“FCC”) recent order to reclassify broadband internet access as a Title II “telecommunications service” under the Communications Act, will subject the industry to extensive public utility…

Net Neutrality: Doing the Same Thing Over and Over Again and Expecting a Different Result
 |  May 27, 2024

This paper explores the negative implications of reclassifying broadband as a telecommunications service under Title II of the Communications Act. It provides a brief history of the term “net neutrality” and…

TechREG® Chronicle – Biometric Privacy Rights
 |  Apr 26, 2024

Dear Readers, Reportedly over 250 Hollywood movies feature the use (or more likely, misuse) of biometric identification technology in their plotlines. In short, despite its obvious potential for good, biometric…

FTC and State Attorneys General Poised for Strengthened Action on Biometric Privacy
 |  Apr 26, 2024

While the U.S. historically has had certain protections for biometric data through privacy laws, most notably the Illinois Biometric Information Privacy Act, swift developments in the U.S. privacy framework have…

Biometric Privacy as a Case Study for U.S. Privacy Overall
 |  Apr 26, 2024

Privacy law in the United States is best described as a patchwork of rules and regulations at both the state and federal level. This development is perhaps no better exemplified…

Getting Bipa Right: Biometric Identifiers Must Identify
 |  Apr 26, 2024

The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1 et. seq., is one of the most hotly litigated privacy statutes in the country. As it stands, there is no…

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