Mark D. Johnson
In 2000 Mark Johnson joined the Squire Sanders regulatory practice group where he focuses on telecommunications, intelligent transportation systems (ITS), and data protection and privacy. Mark has regular interaction with the Federal Communications Commission (FCC), US Department of Transportation, US Congress, and state and local officials, as well as international governmental and regulatory bodies.
Before the FCC, Mark has advised clients on multiple rulemaking, licensing, spectrum allocation, standards-setting and other proceedings for fixed, wireless and satellite matters, as well as contract and transaction matters for telecommunications service providers and equipment developers.
In addition, Mark has developed a unique expertise regarding data protection and privacy issues including, but not limited to, the telecommunications industry.
He is a Certified Information Privacy Professional (CIPP)/US from the International Association of Privacy Professionals.
Regarding ITS matters, Mark has served as one of the leading legal authorities for the industry for more than 15 years. In addition to advising on telecommunications and data protection and privacy matters affecting the ITS industry, he has also represented ITS clients on public policy and legislative matters before the US Congress and federal agencies, advised on mapping software licensing issues (warranties, limitations on liability, warnings and disclaimers), and conduct liability risk assessment studies for new ITS products and services. Mark also serves as outside counsel for the establishment and ongoing operations of OmniAir Consortium, a nonprofit trade association and standards-setting organization in the ITS industry.
Prior to joining Squire Sanders, Mark was deputy general counsel of the leading international ITS industry association, the Intelligent Transportation Society of America (ITS America), where he served four years as legislative, regulatory and in-house corporate counsel. He also has practiced as a commercial litigator.
Mark is a frequent speaker at conferences for international, national and local groups interested in current telecommunications, ITS and autonomous vehicles legal issues, policies and regulatory matters. He is also co-author of a quarterly ITS legal column in the industry trade publication, Thinking Highways
From November 2006 to July 2009, Mark was located in Squire Sanders’ associated law firm in Buenos Aires, Argentina, Estudio Bunge (Bunge, Smith & Luchía Puig).
- Obtaining 75 MHz of radio spectrum for Dedicated Short Range Communications (DSRC) in the 5.9 GHz band and developing the associated service and licensing rules.
- Advising on the regulatory status and reporting and fee obligations of foreign carriers operating in the United States.
- Securing experimental and commercial licensing status for emerging satellite-based services and equipment including aeronautical mobile satellite services (AMSS), Vehicle-Mounted Earth Stations (VMES) and Earth stations onboard vessels (ESV).
- Obtaining governmental approval of new vehicle radar devices employing Ultra-wideband technologies.
- Drafting and negotiating a variety of commercial agreements for telecommunications interests, such as teaming agreements; MDAs, MOUs and purchase/sale, management, co-location, and joint licensing, point-of-presence and interconnection agreements for wireless and satellite networks and licenses.
Data Protection & Privacy
- Advising and securing EU-US Safe Harbor certification for cross-border transfers of Personally Identifiable Information (PII).
- Advising on EU and US privacy law compliance and policy matters for the collection and processing of PII.
- Drafting website data protection and privacy policies and advising on associated compliance requirements and procedures.
- Advising on federal and state privacy laws affecting the deployment of cell phone probe technology for determining real-time traffic conditions.
- Developing Privacy Principles for the ITS industry. Successfully amending the Telecommunications Act of 1996 to permit third-party access to anonymous, aggregate Customer Proprietary Network Information (CPNI) collected by commercial wireless providers.