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Christopher J. Harvie

Member

CJHarvie@mintz.com

+1.202.434.7377

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Chris is a well-recognized expert in privacy and cybersecurity law. As counsel on these issues for NCTA, the cable industry’s largest trade association, he is a leader in developing cable’s legislative and regulatory strategy and focus. He counsels leading cable and broadband companies, such as Comcast, on privacy and cybersecurity issues at the federal and state level, and assists the cable industry with its advocacy efforts in Congress, and at the Federal Communications Commission (FCC), Federal Trade Commission (FTC), the National Telecommunications and Information Administration, and elsewhere across the Federal government. 

In addition to creating policy strategies and drafting and analyzing legislation, policy reports, and regulatory proposals, Chris also counsels clients on the impact of applicable privacy statutes and legal frameworks on data-related business initiatives. Chris also regularly advises communications companies on the latest legislative and policy activities in the area of cybersecurity, helping clients analyze the business and legal implications of cyber-related orders, regulatory developments, and policy developments emanating from the White House, federal agencies, and public-private entities working on cybersecurity issues. He regularly presents on privacy and cybersecurity issues, including at Practicing Law Institute’s annual Broadband and Cable Industry Law conference. 

Chris also has decades of experience assisting leading cable companies, such as Charter, on franchising, compliance, competition, and right-of-way access and use issues at the state and local level. 

Before joining the firm, Chris served as Senate Judiciary Committee Counsel to Sen. Howard M. Metzenbaum, chair of the Subcommittee on Antitrust, Monopolies, and Business Rights. In that capacity, Chris worked on a broad range of legislative and policy matters, including telecommunications, intellectual property, and First Amendment issues.

From 1987 to 1988, Chris directed the Advocacy Institute’s Right-to-Know project, which helped develop advocacy strategies on issues concerning public access to government information.

During law school, he served as a member of the UCLA Law Review.

Education

  • University of California - Los Angeles (JD)
  • Brown University (BA)

Experience

Cable & Telecom Transactions

  • Represented TPG Global in its $2.365 billion acquisition of Wave Broadband in 2018 to create the sixth largest cable operator in the country, changing the nature of the company from a small, relatively unknown competitor to one of the most powerful cable operators in the country.
  • Represented Charter in its $67.1 billion acquisition of Time Warner Cable and Bright House Networks (in certain states).

Franchising & Rights-of-Way Issues

  • Represented Cox as lead Federal law counsel in connection with Cox’s Federal court challenge to a decision by the City of Tempe, AZ to award Google Fiber a license to use the City’s rights-of-way to provide video service without obtaining a franchise and pursuant to terms and conditions more favorable and less burdensome than the terms and conditions of Cox’s cable franchise. After a Federal judge dismissed the City’s motion to dismiss and ruled that the challenge should go forward, Google Fiber terminated its video license with Tempe, and the parties mutually agreed to dismissal of the dispute between Cox and the City.

Privacy & Cybersecurity

  • Counseling Comcast, the nation’s largest cable system operator, on cybersecurity policy issues affecting its cable and broadband services. In this regard, the firm assists Comcast in analyzing and responding to Congressional and agency initiatives on cybersecurity policy matters.

Recognition & Awards

  • Best Lawyers in America: Communications Law (2020-2021)
  • Cablefax Top Lawyers Awards Honor (2019)
  • Recommended by the Legal 500 United States for Telecom & Broadcast: Regulatory (2017 - 2019)
  • Order of the Coif

Involvement

  • Member, American Bar Association
  • Member, Federal Communications Bar Association

Viewpoints

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Senate Passes IoT Cybersecurity Bill by Unanimous Consent

November 18, 2020 | Blog | By Christian Tamotsu Fjeld, Christopher Harvie

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Twitter, Facebook, Google Heads Testify on Section 230 and Local Journalism

October 29, 2020 | Blog | By Christian Tamotsu Fjeld, Christopher Harvie

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The Implications of Trump's Executive Order and Section 230 of the Communications Decency Act

June 3, 2020 | Blog | By Christian Tamotsu Fjeld, Christopher Harvie

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The View from DC: Expansion of COPPA?

February 7, 2020 | Blog | By Christian Tamotsu Fjeld, Christopher Harvie, Cynthia Larose

Representative Kathy Castor (D-FL) has introduced the Protecting the Information of Our Vulnerable Children and Youth Act (PRIVCY ACT), which is a significant rewrite of the Children’s Online Privacy Protection Act (COPPA). In so doing, the bill expands the scope of COPPA’s protections and creates new enforcement mechanisms. The children advocacy groups, Common Sense Media and the Campaign for a Commercial-Free Childhood, have come out in public support of the bill, as has the privacy advocacy group, the Center for Digital Democracy.
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Congressional Privacy Action – Part 2: The House

January 29, 2020 | Blog | By Christian Tamotsu Fjeld, Christopher Harvie, Cynthia Larose

The House is taking a different approach to drafting a federal privacy bill.  On December 18, Democratic and Republican staff for the House Energy & Commerce Committee released a bipartisan staff draft for circulation.  The “staff” in “staff draft” is key – the document does not necessarily reflect the policy positions of Members, particularly committee Chairman Frank Pallone (D-NJ) and Ranking Member Greg Walden (R-OR).
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Congressional Privacy Action – Part 1: The Senate

January 28, 2020 | Blog | By Christian Tamotsu Fjeld, Christopher Harvie, Cynthia Larose

As 2020 gets underway, Congress will continue to deliberate on federal privacy legislation in the second session of the 116th Congress.  The California Consumer Privacy Protection Act (CCPA) went into effect on January 1, and the state will begin enforcing the law on July 1.  State Attorney General Xavier Becerra (D) is expected to release final regulations implementing CCPA within six months (although business certainly hopes sooner….). 
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Welcome to October!  October 2018 marks the 15th year of the observance of National Cyber Security Awareness Month, a joint effort of the U.S. Department of Homeland Security and the National Cyber Security Awareness Alliance.  We’ll be keeping you updated on all things privacy and security throughout the month.
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National Cyber Strategy Aims to Deter through Strength; Collaborate with Private Sector to Secure Cyberspace

September 28, 2018 | Blog | By Christopher Harvie, Cynthia Larose, Elana Safner

Late last week the White House released its National Cyber Strategy, setting forth its approach to protecting U.S. critical infrastructure from global cyber threats.
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Trump Administration Botnet Report Will Impact IoT Device Makers – Things You Should Know

June 25, 2018 | Blog | By Christopher Harvie, Cynthia Larose, Laura Stefani

Manufacturers of wireless devices used for Internet of Things (IoT) applications should take heed of new Trump Administration proposals aimed at reducing the cybersecurity threats from botnets and other automated and distributed attacks.
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