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Desktop Image: John Seiver
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John D. Seiver

Senior Counsel

T 202.973.4212 Washington, D.C.
M 202.256.1760
I advise and litigate in the often disparate worlds of data privacy and communications. I particularly enjoy biometrics, pole attachments, and interpreting new privacy laws and precedent – which are definitely not in short supply.
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John Seiver is a seasoned legal expert with a passion for navigating the complex landscape of privacy and communications law – including infrastructure issues related to pole attachments. With a career spanning back to 1979, and communications expertise coinciding with enactment of the Cable Act of 1984, John boasts an impressive track record of direct involvement in some of the most prominent state and national communications litigation cases. In recent years, his focus has homed in on the ever-evolving realms of privacy, AI, and biometrics, but not ever forgetting pole attachments.

In an era where data privacy is at the forefront of compliance and legal scrutiny, John stands as a staunch defender of internet and telecommunications service providers that collect, store, share, and process personal data, biometrics, and communication content. Often, providers become targets of inquiry in civil and criminal investigations and litigation based on the personal data collected from and stored by users. Yet, the nuances of federal and state data disclosure laws are frequently overlooked, especially when a provider is regulated by differing and conflicting state and federal laws. John's unwavering commitment to clients ensures strict adherence to the intricate web of federal and state laws, including newly enacted state data privacy laws. He has been instrumental in assisting clients in responding to, or challenging, state and federal civil and criminal subpoenas, court orders, and warrants related to cable, CLEC, CPNI, wireless, device location (CSLI and GPS), cloud storage, and ISP data.

On the infrastructure side, as utilities and pole owners increasingly seek ways to expand their profit margins beyond cost reimbursement for hosting third-party attachments, John has been a committed advocate for attachers that provide cable, ISP, wireline, wireless, and voice services. He has been a trusted advisor and advocate both at the FCC, before state commissions, and in the courtroom. His involvement has been pivotal in the resolution of disputes involving makeready processes, permitting, NESC compliance, and the rates, terms, and conditions of pole attachments and rights-of-way access, often favoring attachers under relevant federal and state law.

With a deep-rooted commitment to interpreting and applying existing and new laws while setting important legal precedents, John is a trailblazer in the world of privacy, biometrics, and pole attachment litigation. His unwavering dedication to ensuring compliance with data privacy laws and advocating for the interests of attachers has solidified his reputation as a leading figure in this complex legal terrain.

Practice Highlights

Privacy litigation

Private parties and governmental entities are more often turning to websites, ISPs, CLECs, wireless and wireline providers, cloud storage providers, and other transactional data providers for details on subscribers, transactions, location data (CSLI and GPS), content, and web usage. Representing and advising clients in matters regarding Cable Act and CPNI (orders and subpoenas), ECPA and SCA, (warrants, orders, subpoenas, wiretaps, trap and trace, pen registers) CFAA, BIPA, DPPA, 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, "insufficient capacity," and telecom rate formula application and amendment, as well as cases involving municipally or cooperatively owned poles under state law.

The Digital Millennium Copyright Act (DMCA) and Stored Communications Act (SCA)

With an ever-increasing number of subpoenas and orders in the context of investigating allegations of child abuse, defamation, and copyright infringement, ISPs are more often drawn into disputes with copyright owners and others looking to identify or pursue allegedly bad actors or infringers. Resolving and ensuring compliance with safe harbors for publishers and service providers; repeat infringer policies and related disclosure issues while observing subscribers' privacy and First Amendment rights.

Privacy and Security

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Pole Attachments and Communications Regulatory

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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
    • Outside Counsel to the Mt. Zion / Female Union Band Historic Memorial Park, and Female Union Band Society Trust, Georgetown

Professional Recognition

    • Named one of the "Best Lawyers in America" by Best Lawyers in Communications Law, 2023-present
    • Named to "Capital Pro Bono Honor Roll" by the D.C. Court of Appeals and the D.C. Superior Court, 2022-2024
    • 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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