John D. Seiver

Of Counsel

I particularly enjoy litigating cases in the world of privacy and pole attachments – especially where they lead to making new law and precedent.

Since 1984, John Seiver has either directly handled or been substantially involved with most of the major state and national communications litigation, with particular focus more recently on privacy and pole attachments. Law enforcement and parties in civil litigation have determined that communications service providers are a source of data relevant to investigations and litigation, but oftentimes they overlook the law governing how data can be disclosed. John’s efforts are directed at making sure all the various federal and state laws protecting privacy are observed and has helped clients respond to (or quash) state and federal subpoenas, orders, and warrants for cable, CLEC, and ISP data.

As utilities and pole owners have become more interested in profiting beyond cost reimbursement for hosting third-party attachments, John has also represented cable, ISP, and VoIP attachers at the FCC and in the courts as disputes over rates, terms and conditions of pole attachments have been regulated, litigated, and resolved substantially in the attachers’ favor under federal and state law.

Practice Highlights

Privacy litigation

Private parties and governmental entities are more often turning to websites, ISPs, CLECs, and other service providers for details on subscribers, transactions, and web usage. Representing clients in matters regarding Cable Act and CPNI (orders and subpoenas), ECPA, (warrants, orders, subpoenas, wiretaps, trap and trace, pen registers) CFAA, and VPPA; terms of use, subscriber agreements, acceptable use policies.

Pole attachment litigation

Litigated and prevailed through appeals in the first ALJ matter at the FCC, challenging rates on “full” poles with changeouts-- part of the changes in pole attachment rate formulas. Litigated “takings” issues, and telecom rate formula application and amendment, as well as cases involving municipally owned poles under state law.

The Digital Millennium Copyright Act (DMCA)

With an ever-increasing number of subpoenas and orders in the context of investigating allegations of copyright infringement, ISPs are more often drawn into disputes with copyright owners. Resolving and ensuring compliance with safe harbors for publishers and service providers; repeat infringer policies and related disclosure issues while observing subscribers’ rights.

Privacy and Security

Pole Attachments and Communications Regulatory

Admitted to Practice

District of Columbia, 1979
U.S. Supreme Court
U.S. Court of Appeals D.C. Circuit
U.S. Court of Appeals 2nd Circuit
U.S. Court of Appeals 4th Circuit
U.S. Court of Appeals 5th Circuit
U.S. Court of Appeals 6th Circuit
U.S. Court of Appeals 7th Circuit
U.S. Court of Appeals 8th Circuit
U.S. Court of Appeals 9th Circuit
U.S. Court of Appeals 10th Circuit
U.S. Court of Appeals 11th Circuit
U.S. Court of Appeals Federal Circuit
U.S. District Court District of Colorado, 2011
U.S. District Court District of Columbia
U.S. District Court Eastern District of Wisconsin
U.S. District Court Eastern District of Michigan

Education

J.D., Boston University School of Law, 1979
B.A., Economics, University of Virginia, 1975, with distinction

Memberships & Affiliations

- Federal Communications Bar Association
- American Bar Association
- Legal Advisory Committee, National Capital Chapter, National Multiple Sclerosis Society
- Outside Counsel to the Mt. Zion / Female Union Band Historic Memorial Park, Georgetown

Professional Recognition

- Recipient, Finest Law Firm Writers of 2015 Award, The Burton Awards

Background

- Partner, Davis Wright Tremaine LLP, 2007-2008
- Partner, Cole, Raywid & Braverman LLP, 1984-2006
- Associate, Cole, Raywid & Braverman LLP, 1979-1984

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