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Table of Contents - February 8, 2019

Judges Question Implications Of FCC's Internet Freedom Order; Markey Promises Legislation

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit on Feb. 1 questioned defenders and challengers of the FCC's 2017 restoring Internet freedom (RIF) order closely on a wide range of issues, from whether the FCC's interpretation of "information services" encompasses voice telephony to whether it provided adequate notice that it might rest authority for its transparency rule on a reporting requirement in the 1996 Telecommunications Act - and how the court should deal with the fact that the statutory provision containing the reporting requirement was eliminated by Congress before the order took effect.

During the lengthy and complicated oral argument in consolidated cases beginning at Mozilla Corp. v. FCC (case 18-1051), the judges sought clarification of parties' legal arguments, explanations of how paid prioritization functions, details on how the disclosures required by the transparency rule are presented to consumers, and concrete examples of the types of state laws and rules that would be allowed or disallowed under the order's preemption provision.

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Public Knowledge Calls for FCC, FTC Action to Protect VoIP CPNI

Public Knowledge has called for the FCC and Federal Trade Commission to take action in response to reports that California-based VoIP (voice-over-Internet-protocol) service provider Voipo exposed consumer call logs and text messages by storing them on an improperly secured ElasticSearch database.

In a Jan. 15 blog post, security research Justin Paine reported that Voipo "promptly secured" the database after he discovered it and notified Voipo on Jan. 8. He said that Voipo "indicated this was a development server that had accidentally been left publicly accessible. However, they also confirmed in their reply to me that the database also contained 'valid data' - i.e. real production data. They did not specify which data was allegedly development data and which was production data though. I would speculate that the leaked credentials ... were likely production credentials. It also appeared that the SMS/MMS and VOIP phone logs appeared likely to be production data."

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