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© 2013 Cooley LLP
Five Palo Alto Square, 3000 El Camino Real, Palo Alto, CA 94306
The content of th...
u FCC Regulation
u Law Enforcement Issues
u National Security
u Miscellaneous
Topics
u General regulatory authority over communications matters at the
national level
u Covers interstate and foreign communica...
u Direct power over common carriers
u Defined to cover transmission with no change in form or content
u Domestic and inter...
u Classifies retail Internet access services as common carrier
services
u Must serve mass market end users and provide acc...
u Most rules apply only when traffic originates or terminates in the
U.S.
u Providers do not need authorization for their ...
u Entry/exit regulation
u Must obtain FCC authorization to provide international common carrier
services in U.S.
u Permiss...
u Rules do not apply to traffic transiting U.S.
u Potential issues concerning interconnection with content providers
and o...
u U.S. carriers are subject to significant law enforcement obligations
u Response to lawful process for surveillance and p...
u U.S. national security agencies have broad powers to obtain access
to data transmitted internationally.
u Subject to aut...
u Most U.S. content-related requirements apply only when U.S. end
users have access to content
u Copyright, trademark
u De...
J.G. Harrington
Cooley LLP
1299 Pennsylvania Avenue, NW
Suite 700
Washington, DC 20004
+1 202/776-2818
jgharrington@cooley...
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J.G Harrington: Securing our Internet Traffic

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Session 3: Securing our Internet Traffic
This session will examine the legal, regulatory and policy issues related to the practice of routing Canadian domestic Internet traffic through the US. The session will examine the extent and consequences of the practice and alternatives to the practice.

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J.G Harrington: Securing our Internet Traffic

  1. 1. attorney advertisement © 2013 Cooley LLP Five Palo Alto Square, 3000 El Camino Real, Palo Alto, CA 94306 The content of this packet is an introduction to Cooley LLP’s capabilities and is not intended, by itself, to provide legal advice or create an attorney-client relationship. Prior results do not guarantee future outcome. U.S. Regulation of Canadian Internet Traffic J.G. Harrington September 24, 2015
  2. 2. u FCC Regulation u Law Enforcement Issues u National Security u Miscellaneous Topics
  3. 3. u General regulatory authority over communications matters at the national level u Covers interstate and foreign communication by wire or radio u States can regulate intrastate services (not relevant here) u Has asserted authority over Internet access services u Hotly contested FCC
  4. 4. u Direct power over common carriers u Defined to cover transmission with no change in form or content u Domestic and international service covered u Historically, no direct regulation of Internet providers u 1997 decision and later orders classified Internet access as an “information service” not subject to common carrier regulation The FCC’s Authority
  5. 5. u Classifies retail Internet access services as common carrier services u Must serve mass market end users and provide access to substantially all of the Internet u Excluded: u Enterprise services u Backbone and other wholesale services u Services that use IP but do not provide access to the whole Internet Impact of Network Neutrality Decision
  6. 6. u Most rules apply only when traffic originates or terminates in the U.S. u Providers do not need authorization for their traffic to transit the U.S. on its way somewhere else u If a U.S.-based transiting carrier is used, that carrier is subject to U.S. rules u Origination or termination requires FCC authorization u Traffic can be deemed to originate or terminate in U.S. if it is handed off to another carrier inside the country FCC Regulation of Non-U.S. Traffic
  7. 7. u Entry/exit regulation u Must obtain FCC authorization to provide international common carrier services in U.S. u Permission to exit market also required, but generally granted automatically u Regulated providers also subject to ongoing obligations u Reporting u Payment of fees and contributions u Some exemptions for international-only providers u Miscellaneous obligations Specific FCC Requirements
  8. 8. u Rules do not apply to traffic transiting U.S. u Potential issues concerning interconnection with content providers and others possible in the future u Also potential opportunities depending on how FCC decisions play out Network Neutrality
  9. 9. u U.S. carriers are subject to significant law enforcement obligations u Response to lawful process for surveillance and production of records u CALEA – requires specific capabilities to comply with surveillance requests u These requirements will apply to underlying carriers used to transport traffic across the U.S. u Law enforcement issues often addressed in FCC authorization process Law Enforcement Issues
  10. 10. u U.S. national security agencies have broad powers to obtain access to data transmitted internationally. u Subject to authorization and legal review by special court u Court has pushed back on occasion, but not often u Typically no power over purely domestic U.S. traffic, but non-U.S. traffic transiting the country is subject to surveillance National Security
  11. 11. u Most U.S. content-related requirements apply only when U.S. end users have access to content u Copyright, trademark u Defamation u U.S. border crossings require State Department approval. Miscellaneous
  12. 12. J.G. Harrington Cooley LLP 1299 Pennsylvania Avenue, NW Suite 700 Washington, DC 20004 +1 202/776-2818 jgharrington@cooley.com Contact Information

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