On April 4, 2024, Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel released a draft of the agency’s long-anticipated Safeguarding and Securing the Open Internet Order (Open Internet Order), which would reclassify broadband Internet access service as a telecommunications service under Title II of the Communications Act of 1934, as amended. The FCC is expected to consider and vote on the draft at its next Open Commission Meeting scheduled for April 25, 2024. The FCC is expected to adopt the Open Internet Order now that Democrats hold a 3-2 majority at the agency.Continue Reading FCC Shares Draft Open Internet Order Ahead of April Meeting
FCC Raises Speed Benchmark for Fixed Broadband Services
Last month, the Federal Communications Commission (“FCC”) raised the fixed broadband speed benchmark from 25/3 megabits per second (“Mbps”) to 100/20 Mbps and concluded that “advanced telecommunications capability is not being deployed to all Americans in a reasonable and timely fashion.” As a consequence, the FCC concluded that “section 706 [of the Telecommunications Act of 1996] requires [it] to ‘take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.’”Continue Reading FCC Raises Speed Benchmark for Fixed Broadband Services
U.S. Tech Legislative, Regulatory & Litigation Update – First Quarter 2024
This quarterly update highlights key legislative, regulatory, and litigation developments in the first quarter of 2024 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and data privacy and cybersecurity. As noted below, some of these developments provide industry with the opportunity for participation and comment.Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – First Quarter 2024
Maine Enacts New Telemarketing Law Requiring Use of FCC Reassigned Numbers Database
On March 25, 2024, Maine Governor Janet Mills signed into law LD 2234, which amends the state’s telephone solicitation statute to prohibit telephone solicitors from “fail[ing] to use the reassigned numbers database to verify that a consumer’s telephone number has not been reassigned prior to initiating a telephone sales call to that consumer.” The bill defines “reassigned numbers database” as the “database created and maintained by the Federal Communications Commission that identifies whether a telephone number has been reassigned.”Continue Reading Maine Enacts New Telemarketing Law Requiring Use of FCC Reassigned Numbers Database
FTC Amends its Telemarketing Sales Rule; Proposes Additional Changes
On March 7, 2024, the Federal Trade Commission (“FTC”) announced amendments to its Telemarketing Sales Rule (“TSR”) to apply certain of its provisions to business-to-business telemarketing calls, and to broaden its recordkeeping requirements. The FTC also announced a notice of proposed rulemaking (“NPRM”) that would further extend the TSR to cover inbound telemarketing calls involving technical support services. Continue Reading FTC Amends its Telemarketing Sales Rule; Proposes Additional Changes
The FTC Prohibits AI-Generated Impersonation Fraud
Last month, the Federal Trade Commission (“FTC”) finalized a new rule prohibiting the impersonation of government and business entities. That same day, the FTC sought comment on a supplemental notice of proposed rulemaking (“SNPRM”) to expand the rule to prohibit the impersonation of individuals and to extend liability to parties who provide the means and instrumentalities to create unlawful impersonations. The FTC cited concerns about AI-generated deepfakes as its rationale for these actions. FTC Chair Lina Khan stated that the proposed expansions would strengthen “the FTC’s toolkit to address AI-enabled scams impersonating individuals.”Continue Reading The FTC Prohibits AI-Generated Impersonation Fraud
FCC Planning to Move Forward with Voluntary IoT Labeling Program
On March 14, the Federal Communications Commission (“FCC”) is expected to approve a Report and Order (“R&O”) that would create a voluntary cybersecurity labeling program for Internet of Things (“IoT”) devices. As previewed in the Notice of Proposed Rulemaking (“NPRM”) released last August, which we covered here, this IoT Labeling Program would “provide consumers with an easy-to-understand and quickly recognizable FCC IoT Label that includes the U.S. government certification mark (referred to as the Cyber Trust Mark).”
The R&O explains that the IoT Labeling Program would “help consumers make informed purchasing decisions, differentiate trustworthy products in the marketplace, and create incentives for manufacturers to meet higher cybersecurity standards.” It provides details about the program and how manufacturers can seek authority to use the FCC IoT Label:Continue Reading FCC Planning to Move Forward with Voluntary IoT Labeling Program
FCC Adopts New TCPA Consent Revocation Rules
Updated October 14, 2024. Originally posted February 26, 2024.
On February 15, the Federal Communications Commission (“FCC”) adopted new consent revocation rules for robocalls and robotexts, which the FCC defined as calls made using an “automatic telephone dialing system” or an artificial or prerecorded voice. Under the Telephone Consumer Protection Act (“TCPA”) and the FCC’s implementing rules, callers and texters must obtain “prior express consent” or “prior express written consent,” depending on the call/text content, from consumers to send such communications absent an applicable exemption.
According to the Order, the new rules “clarify and strengthen consumers’ rights under the TCPA to grant and revoke consent to receive robocalls and robotexts.” Specifically, the adopted rules (1) “make clearer that revocation of consent can be made in any reasonable manner;” (2) “require that callers honor do-not-call and consent revocation requests as soon as practicable” and within 10 business days of receipt; and (3) “limit text senders to a one-time text message confirming a consumer’s request that no further text messages be sent.”
The effective date of the rules is April 11, 2025. We summarize these new requirements below.Continue Reading FCC Adopts New TCPA Consent Revocation Rules
FCC Confirms TCPA “Artificial or Prerecorded Voice” Restrictions Apply to AI Technologies that Generate Human Voices
On February 8, 2024, the Federal Communications Commission (FCC) released a declaratory ruling stating that Telephone Consumer Protection Act (TCPA) restrictions on making phone calls using an “artificial or prerecorded voice” “encompass current AI technologies that generate human voices.” Therefore, unless an exemption applies, telemarketing calls using an artificial or prerecorded voice simulated or generated
Continue Reading FCC Confirms TCPA “Artificial or Prerecorded Voice” Restrictions Apply to AI Technologies that Generate Human VoicesFCC Issues Cease-and-Desist Letter Regarding Robocalls Made Before New Hampshire Primary
On February 6, the Federal Communications Commission (“FCC”) announced that it had sent a letter to Lingo Telecom, LLC (“Lingo”) to demand that Lingo “immediately stop supporting unlawful robocall traffic on its networks.” As background, Lingo is a Texas-based telecommunications provider that, according to the FCC’s letter, was the originating provider for “deepfake” calls made by Life Corp. to New Hampshire voters on January 21, 2024. The calls, which imitated President Biden’s voice and falsified caller ID information, took place two days before the New Hampshire presidential primary and reportedly advised Democratic voters to refrain from voting in the primary. Continue Reading FCC Issues Cease-and-Desist Letter Regarding Robocalls Made Before New Hampshire Primary