What is the law concerning the regulation of data and communications networks?
In California, the law concerning the regulation of data and communications networks is determined by the Federal Communications Commission (FCC). The FCC regulates interstate and international communications by radio, television, wire, satellite, and cable. The communications law in California is largely contained in Title 47 of the Code of Federal Regulations (CFR), which governs the licensing and operating procedures for radio and television stations, cable television systems, and other forms of electronic communications. The California Public Utilities Code (PUC) also contains provisions that deal with the regulations of communications networks. The regulations of the FCC and the PUC specifically pertain to privacy, network security, and network reliability. Privacy rights are protected so that communications networks do not collect or share data without prior consent. Network security provisions ensure that communications networks are adequately protected from malicious activity. Network reliability provisions ensure that communications networks are able to function reliably. The FCC also has rules concerning the control of internet traffic. These rules ensure that internet service providers (ISPs) do not block or slow down traffic from certain websites. In addition to the rules issued by the FCC, the State of California has also enacted laws that regulate the use of communications networks. These laws include the California Consumer Privacy Act, which requires businesses to provide customers with more control over their data, and the California Electronic Communications Privacy Act (E-CPA), which requires the government to obtain a warrant in order to access private digital communications.
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