Cybertelecom Federal Internet Law & Policy An Educational Project

Tennessee

Cybercrime

Tennessee Code § 39-14-601. Part definitions.

- As used in this part, unless the context otherwise requires:

(1) "Access" means to approach, instruct, communicate, or connect with, store data in, retrieve or intercept data from, or otherwise make use of any resources of a computer, computer system, or computer network, or information exchanged from any communication between computers or authorized computer users and electronic, electromagnetic, electrochemical, acoustic, mechanical, or other means;

(2) "Authorization" means any and all forms of consent, including both implicit and explicit consent;

Tennessee Code § 39-14-602. Violations - Penalties. - (b) Whoever intentionally and without authorization, directly or indirectly: (1) Accesses any computer, computer system, or computer network commits a Class C misdemeanor. Operating a computer network in such a way as to allow anonymous access to that network shall constitute implicit consent to access under this part;

ECPA :: Cell Phone Location Information

•  Tenn. Code Ann. § 39-13-610(b); requiring law enforcement to apply for a search warrant to obtain this data.

Broadband

• TENN. CODE ANN. § 7-52-410 (2007)

Municipal Broadband

• FCC RELEASES MEMORANDUM OPINION AND ORDER PREEMPTING CERTAIN CHALLENGED PROVISIONS OF TENNESSEE AND NORTH CAROLINA LAW RESTRICTING MUNICIPAL PROVISION OF BROADBAND SERVICE.   Granted the preemption petition of the Electric Power Board of Chattanooga, TN, and granted in part the preemption petition of the City of Wilson, NC, finding that they are barriers to broadband infrastructure investment and thwart competition. (Dkt No.  14-116 14-115 ). Action by:  the Commission. Adopted:  02/26/2015 by MO&O. (FCC No. 15-25).  WCB  https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-25A1.docx
  https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-25A2.docx
  https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-25A3.docx
  https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-25A4.docx
  https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-25A5.docx
  https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-25A6.docx
  https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-25A1.pdf
  https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-25A2.pdf
  https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-25A3.pdf
  https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-25A4.pdf
  https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-25A5.pdf
  https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-25A6.pdf
• STATEMENT BY CHAIRMAN TOM WHEELER ON COMMUNITY BROADBAND.  STMT. OCHTW  https://apps.fcc.gov/edocs_public/attachmatch/DOC-331805A1.docx
  https://apps.fcc.gov/edocs_public/attachmatch/DOC-331805A1.pdf
• FCC GRANTS PETITIONS TO PREEMPT STATE LAWS RESTRICTING COMMUNITY BROADBAND IN NORTH CAROLINA, TENNESSEE.   Opened the door for two community broadband providers to expand service, preempting state laws in Tennessee and North Carolina that prevented these and similar broadband providers in the two states from meeting local demand for broadband service.  News Release. Adopted:  02/26/2015. News Media Contact: Mark at 0253, email: Mark.  WCB  https://apps.fcc.gov/edocs_public/attachmatch/DOC-332255A1.docx
  https://apps.fcc.gov/edocs_public/attachmatch/DOC-332255A2.docx
  https://apps.fcc.gov/edocs_public/attachmatch/DOC-332255A3.docx
  https://apps.fcc.gov/edocs_public/attachmatch/DOC-332255A4.docx
  https://apps.fcc.gov/edocs_public/attachmatch/DOC-332255A5.pdf
  https://apps.fcc.gov/edocs_public/attachmatch/DOC-332255A6.docx
  https://apps.fcc.gov/edocs_public/attachmatch/DOC-332255A1.pdf
  https://apps.fcc.gov/edocs_public/attachmatch/DOC-332255A2.pdf
  https://apps.fcc.gov/edocs_public/attachmatch/DOC-332255A3.pdf
  https://apps.fcc.gov/edocs_public/attachmatch/DOC-332255A4.pdf
  https://apps.fcc.gov/edocs_public/attachmatch/DOC-332255A6.pdf
• Electric Power Board of Chattanooga
• News
  • The FCC Rules Against State Limits on City Run Internet, The Washington Post Feb. 26, 2015 ("On Thursday, the Federal Communications Commissions voted 3-2 to override laws preventing Chattanooga, Tenn., and Wilson, N.C. from expanding the high-speed Internet service the cities already offer to some residents.")
• Law:
  • 7-52-601: (a)  Each municipality operating an electric plant described in § 7-52-401 has the power and is authorized within its service area, under the provisions of this part and on behalf of its municipality acting through the authorization of the board or supervisory body having responsibility for the municipal electric plant, sometimes referred to as "governing board" in this part, to acquire, construct, own, improve, operate, lease, maintain, sell, mortgage, pledge or otherwise dispose of any system, plant, or equipment for the provision of cable service, two-way video transmission, video programming, Internet services, or any other like system, plant, or equipment within or without the corporate or county limits of such municipality, and, with the consent of such other municipality, within the corporate or county limits of any other municipality.
  • Sec. 7-52-604
  • (c)  On or before June 30, 2005, the office of the comptroller of the treasury shall prepare a report to the general assembly evaluating the operations of municipal electric systems offering services permitted by this part, which shall include a recommendation as to whether the authority to provide such services should be expanded, restricted or terminated
  • (d) No municipal electric system shall apply or be granted authorization to provide the services described in § 7-52-601 after June 30, 2005, until such time as the General Assembly receives and considers the comptroller’s report described in
    subsection (c) and approves the continued authorization of such services in accordance
    with § 7-52-601.
  • TN HB 1403
  • Free Press (according to Free Press, 14 reports have been filed and all 14 projects were given authority to proceed)
  • Munis may provide internet and like services upon satisfying requirements and hearings. APPA Sept 2005. HB 1403 signed into law June 7, 2005 : munis prohibited from seeking approval to provide communications services until Feb. 1, 2006. Baller Herbst Law Group: Status of State Barriers Proposed in 2005 and 2006

VoIP

• Tennessee Regulatory Authority
• Voice over Internet Protocol Forum
• Ma Bell’s Newest Grandchild: VOIP By Tennessee Regulatory Authority Chairman Deborah Taylor Tate
• Post VoIP Press Release
• Senator Lamar Alexander Testimony Committee on Commerce, Science, and Transportation February 24, 2004 (calling for regulation of VoIP)

News

• Half of Tennessee on wrong side of digital divide, Speed Matters 5/5/2009