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U.S. Enacts Law Barring Products Made With Forced Labor in China

On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (the “Act”),1 which bars the importation into the United States of products made from forced labor in the Xinjiang region of China.  This Act will significantly impact many multinational employers’ supply chains because raw materials from this region – such as cotton, coal, chemicals, sugar, tomatoes and polysilicon (a component in solar panels) – have found their way into many global supply chains.  Indeed, these materials arrive on U.S.




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How to Identify Forced Labor in Supply Chains

Donald Dowling says abusive labor practices are a huge problem around the world, and often the smaller local manufacturers, miners and growers within countries that are committing labor abuses are bigger problems than the multinational firms.

SHRM Online

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New Developments on the Enforceability of Releases in Brazil

In 2017, companies in Brazil welcomed changes to its labor code that introduced the option for securing enforceable releases to employment law claims. The changes to the labor code included allowing parties to seek a ratification of a private settlement with the labor courts. The rationale behind the new law was to permit parties to settle matters in an amicable way, thereby reducing judicial disputes.




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Sixth Circuit Clarifies Employer’s Bargaining Obligations During Public Health Emergencies

  • A recent Sixth Circuit decision provides some guidance to employers regarding bargaining obligations during exigent circumstances like the COVID-19 pandemic or other public health emergencies.
  • In general, an employer can make unilateral decisions to address unforeseen circumstances that have a major effect on the economics of its operations, but this right is not without limits.




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How can employers address varying sensitivities to DEI issues in a multinational workforce?




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Ontario, Canada Court Reinforces Waksdale’s Impact on Enforceability of Termination Provisions and Provides Guidance on Proving Failure to Mitigate

  • Ontario’s Superior Court of Justice held that because a termination for cause provision in an employment contract defined “cause” more broadly than does the Employment Standards Act, 2000 it was unenforceable.
  • Court also held the employer failed to prove the employee did not mitigate her damages.




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Workforce Reductions and Statistics: A Primer and Recommendations

Workforce reductions, whether in the form of hours reductions, furloughs, or layoffs, are often a last resort for employers experiencing financial pressures. Nevertheless, when these actions are necessary, time typically is of the essence, because when shedding payroll is the objective, the more drawn out the process, the smaller will be any financial savings. But quick decisions need not be careless decisions. The key is to thoroughly understand the risks before making decisions that later may result in potential liability.




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Global Non-Compete Reform – At a Glance Tracker (Updated March 2024)

The United States is not the only country currently debating a reform to the law on non-competes. Notably, the UK Government has announced legislation that would limit the duration of non-competes to a period of 3 months after termination of employment.




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Eighth Circuit Holds Article III Standing Was Lacking for an Alleged Violation of the FCRA’s “Pre-Adverse Action” Notice Provision

On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA) in federal court. The Eighth Circuit’s opinion in Schumacher v. SC Data Center, Inc. deepens the split between the circuit courts on standing and increases the chances that the U.S. Supreme Court eventually will have to weigh in on the issue again.

Background: Spokeo and Ramirez




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New Opinion Allowing Plaintiff to Present His Class Action Willful FCRA Claims to a Jury Reinforces Need to Remain Vigilant About FCRA Compliance

The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks.  Most lawsuits asserting federal claims proceed in federal court.1  The FCRA is atypical in that FCRA claims can proceed in either federal or state court.  A new opinion from a California court of appeal in Hebert v.




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Updated FCRA Summary of Consumer Rights Released with a Mandatory Compliance Deadline of March 20, 2024

Updated March 24, 2023: The CFPB has edited its updated Summary of Rights document to include the correct contact number. 

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Third Circuit's 'Johnson v. NCAA' Opinion: What It Means for College Athletics and Beyond

Andrea M. Kirshenbaum discusses how Johnson v. NCAA is noteworthy beyond the realm of college athletics for its expansive discussion of the FLSA.

The Legal Intelligencer

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Unlocking New Benefits: Is the SECURE 2.0 Student Loan Match Right for Your Workforce?

  • The Qualified Student Loan Payment (QSLP) match program allows an employer to match an employee’s student loan repayments by making matching contributions to the employer’s defined contribution plan, such as a 401(k) plan.
  • IRS Notice 2024-63 provides guidance for plan sponsors that offer (or wish to offer) a QSLP match program.




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Fourth Circuit Finds Waiver of Appellate Review of Arbitration Enforceable

Employers concerned about the risks and expenses associated with employment litigation have increasingly required their employees to agree to arbitration in the event of a dispute.  Even upon the issuance of the arbitrator’s final decision, however, a court’s intervention may still be necessary.  At the very least, the court can actually enforce an arbitration award, whereas the arbitrator cannot.  Moreover, the losing party in the arbitration may seek to vacate the arbitrator’s decision on limited grounds, or seek further review of the district court’s decision by filing an appeal with th




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Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision

On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration.  The court concluded that because nothing in the arbitration agreement prohibited the plaintiff from being awarded any relief he might be entitled to under Oregon’s wage and hour statutes, the arbitration provision was not unconscionable and therefore enforceable.

Background




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Oregon Supreme Court Affirms Enforceability of Arbitration Provision

Christine Sargent writes about an Oregon Supreme Court case that affirmed the importance of implementing enforceable arbitration agreements.

SHRM Online

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Ninth Circuit Eliminates Obstacles to Enforcement of Employment Arbitration Agreements in California

  • Ninth Circuit holds the Federal Arbitration Act (FAA) preempts AB 51, which attempted to prohibit employers from requiring employees to waive, as a condition of employment, the right to litigate claims under the FEHA and the California Labor Code.
  • Arbitration agreements are on an equal footing as other contracts and will be analyzed in the Ninth Circuit in accordance with FAA principles of “equal protection treatment.”




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Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial Contracts

Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC,1 that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond the transportation industry, the U.S. Court of Appeals for the Ninth Circuit addressed whether the exemption applies to “contracts of employment” between business entities. In Fli-Lo Falcon, LLC v.




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Rebuilding America: The Potential Impact of President Biden’s Infrastructure Plan on South Carolina’s Businesses and Workforce

William H. Foster and Katie E. Towery examine the impact President Biden’s “America’s Jobs Plan” might have on South Carolina’s growing businesses and workforce. 

Association of Corporate Counsel South Carolina

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Pay to Play? Third Circuit Holds NCAA Athletes Can Be Considered Employees

  • The Third Circuit in Johnson v. NCAA ruled that athletes at NCAA Division I schools may be considered employees under the Fair Labor Standards Act.
  • The Johnson decision creates a circuit split that could lead the United States Supreme Court to resolve this issue.
  • Colleges and universities could face substantial back pay claims from current and former college athletes based on Johnson.




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Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under the Occupational Health and Safety Act (OHSA).




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Artificial Intelligence - Implications for the Labor Force




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Court finds employers' discretion in awarding bonuses must be exercised fairly

Rhonda B. Levy and George Vassos discuss an Ontario Court of Appeal decision that puts employers on notice that their discretion in awarding bonuses is not unconstrained and must be exercised fairly and reasonably.

Human Resources Director Canada

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The National Association of State Chambers and Littler’s Workplace Policy Institute Form Coalition and Support Workforce Development Legislation

In a letter sent to Congress today, the Coalition expresses support for legislation that would modernize America’s workforce development and education system




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Leading Business Coalition Urges Supreme Court Review in Key Case on Government-Forced Union Representation

Littler’s Workplace Policy Institute files brief for the Coalition for a Democratic Workplace urging court to grant review of Goldstein v. Professional Staff Congress and reaffirm Constitutional protections against compulsory union representation




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Missouri Appears to Have Approved Paid Sick and Safe Time Ballot Measure as Rumors of Potential Challenge Circulate

  • New statewide paid sick and safe time law would take effect on May 1, 2025.
  • Law would allow employers to limit annual use to either 40 or 56 hours, limit carryover to 80 hours, but is silent on accrual caps.
  • Notice obligations would begin before law takes effect.




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Time for Employers to Complete California Privacy Rights Act Compliance as Court of Appeal Lifts Injunction on Enforcement

  • The California Court of Appeal’s decision on February 9, 2024 immediately restores the California Privacy Protection Agency’s enforcement power.
  • The decision impacts finalized regulations – which are no longer subject to enforcement delay. 
  • Upcoming and pending regulations are unlikely to face enforcement delay once finalized.




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Crash Course in U.S. Employment Law: How a Multinational Based Outside the United States Can Avoid Big Mistakes Managing a U.S. Workforce

  • Multinationals based outside the United States that enter the U.S. market and employ U.S. staff tend to encounter hurdles, and to make mistakes, because the U.S system of labor/employment regulation is of a fundamentally different character from those of every other country in the world.  




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Employers Expect Increased Regulatory Enforcement Amid Legislative Slowdown in Election Year, Littler Survey Finds

(May 8, 2024) – In an election year that could significantly impact the future of employment and labor law, U.S. employers expect heightened regulatory enforcement as they navigate a host of workplace issues, including the disruptive impact of artificial intelligence (AI) and managing divisive political beliefs among employees.




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EHRC race discrimination fund supported 27 cases in 2022/23

In light of news that the EHRC legal support scheme funded only 27 race discrimination cases during 2022-23, Philip Cameron and Lisa Cameron say it’s important that legal support schemes continue to support litigants in employment discrimination cases.

Personnel Today

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2nd Circ. OT Ruling On Pleadings Shapes Strategy A Year Out

Paul Piccigallo says the Second Circuit panel's unanimous ruling in Herrera v. Comme Des Garçons Ltd has resulted in the filing of fewer motions to dismiss at the initial responsive pleading stages in overtime lawsuits.

Law360 Employment Authority

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ETSI Open Source MANO: Orchestrating the 5G Orchestra in a world’s first

ETSI Open Source MANO: Orchestrating the 5G Orchestra in a world’s first

Sophia Antipolis, 19 March 2019

On Saturday, 16 March, the public was invited to experience musicians perform a fully synchronized concert across venues in Bristol and London.

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ETSI and the Linux Foundation sign Memorandum of Understanding enabling industry standards and Open Source collaboration

ETSI and the Linux Foundation sign Memorandum of Understanding enabling industry standards and Open Source collaboration

San Francisco, US, and Sophia Antipolis, France, 26 April 2019

Today, the Linux Foundation, the nonprofit organization enabling mass innovation through sustainable open source, signed a Memorandum of Understanding with ETSI, the independent organization providing global standards for ICT services across all sectors of industry, to bring open source and standards closer and foster synergies between them.

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ETSI NFV announces new features to its architecture to support 5G

ETSI NFV announces new features to its architecture to support 5G

Sophia Antipolis, 1 July 2019

ETSI NFV has enhanced the system as well as designed new features to support 5G networks. Specifically, 5G resource management and orchestration aspects were added on top of the NFV Release 2 architecture framework.

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ETSI NFV Release 4 empowers orchestration and cloud enabled deployments

ETSI NFV Release 4 empowers orchestration and cloud enabled deployments

Offers increased support for automation

Sophia Antipolis, 8 October 2019

The ETSI Industry Specification Group (ISG) for Network Functions Virtualisation (NFV) has started working on its next specification release, known as Release 4. While NFV-based deployments are expanding worldwide and show the benefits of network function virtualization, new technologies are expected to be leveraged and features are being added in support of 5G and novel fixed access network deployments that are emerging in many countries. The release 4 work programme will provide the right setting to further enhance the NFV framework by considering recent technological advances, as well as ways to simplify its usage, that are aligned with the current trends in the industry towards network transformation.

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ETSI introduces a new end-to-end architectural framework for network and service automation

ETSI introduces a new end-to-end architectural framework for network and service automation

that can span multiple standards and open source based domain-specific network automation projects

Sophia Antipolis, 24 October 2019

ETSI is pleased to announce two major specifications released by the ETSI Zero-touch network and Service Management (ZSM) Industry Specification Group. ETSI GS ZSM 001 describes ZSM Requirements and ETSI GS ZSM 002 defines the ZSM Reference Architecture. The glossary of terms and concepts related to ZSM is provided in ETSI GS ZSM 007 that was published along with these specifications.

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ETSI Open Source MANO unveils Release SEVEN, enables more than 20,000 cloud-native applications for NFV environments

ETSI Open Source MANO unveils Release SEVEN, enables more than 20,000 cloud-native applications for NFV environments

Sophia Antipolis, 12 December 2019

Today, the ETSI Open Source MANO group is pleased to unveil its latest release, OSM Release SEVEN. This release brings cloud-native applications to NFV deployments, enabling OSM to on-board over 20,000 pre-existing production-ready Kubernetes applications, with no need of any translation or repackaging. OSM release SEVEN allows you to combine within the same Network Service the flexibility of cloud-native applications with the predictability of traditional virtual and physical network functions (VNFs and PNFs) and all the required advanced networking required to build complex end to end telecom services.

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Artificial Intelligence for networks: understanding it through ETSI ENI use cases and architecture

Artificial Intelligence for networks: understanding it through ETSI ENI use cases and architecture

Sophia Antipolis, 20 April 2020

On 17 April, ETSI officials from the Experiential Network Intelligence group (ISG ENI) gave a webinar entitled Artificial Intelligence for networks: understanding it through ETSI ENI use cases. This webinar attracted more than 150 online attendees including operators, vendors, research institutions, and international standards development organizations.

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ETSI signs MoUs with Khronos and OARC for Augmented Reality

ETSI signs MoUs with Khronos and OARC for Augmented Reality

Liaison agreements strengthen the outreach of the ETSI group on AR

Sophia Antipolis, 3 June 2020

ETSI has signed two Memoranda of Understanding (MoUs) with the Khronos® Group and OARC (Open AR Cloud Association) to allow the exchange of views and expertise between ETSI and both organizations to further develop interoperability of AR components, systems and services necessary to enable a thriving ecosystem with a diverse range of technologies and solution providers.

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ETSI increases outreach to the research community to accelerate innovation and standards cooperation

ETSI increases outreach to the research community to accelerate innovation and standards cooperation

Sophia Antipolis, 16 June 2020

Engaging with Standards at the appropriate stages of research and innovation cycles is crucial to the development of new and evolved technologies. Identifying research topics for standardization at an early stage ensures that the requisite standards will be available to the industry when they are needed to support the relevant new technologies and products as they go to market.

Currently ETSI’s research and academic membership includes over 120 organizations, including public and private research institutes and universities from Europe and beyond. ETSI seeks to expand the existing research and academic community as well as reinforce the links with European research projects and platforms in order to build an active community of research and industrial partners, working towards a shared goal.

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New ETSI white paper: Harmonizing standards for edge computing, a synergized architecture leveraging ETSI ISG MEC and 3GPP specifications

New ETSI white paper: Harmonizing standards for edge computing, a synergized architecture leveraging ETSI ISG MEC and 3GPP specifications

Sophia Antipolis, 27 July 2020

Members and officials of the ETSI Multi-access Edge Computing group and the 3GPP SA WG6 have just published a new white paper which aims to harmonize standards for edge computing. The white paper highlights the role of standards for edge when edge computing is deployed in conjunction with mobile networks. It also reviews the leading efforts in the industry and introduces a synergized architecture which leverages the ETSI ISG MEC and 3GPP specifications. This paper highlights the value proposition of different standards streams and how those standards may be combined when it comes to deployments. Some deployment options are discussed.

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ETSI virtual conference on boosting the impact of research & innovation through standardization

ETSI virtual conference on boosting the impact of research & innovation through standardization

Sophia Antipolis, 6 November 2020

Standardized commercial products and services substantially contribute to the overall global economy and quality of life of citizens around the world.

Join ETSI and TelecomTV for a two-day virtual conference focused on the Research Innovation Standards Ecosystem and Research Opportunities in Standards.

The virtual event will take place on 24 and 25 November, and each of the two days will comprise multiple sessions, including presentations and panel discussions followed by LIVE Q&A sessions where you'll be able to interact and ask your questions to the experts.

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Open Source MANO Release NINE fulfils ETSI's zero-touch automation vision, ready for MEC and O-RAN use cases

Open Source MANO Release NINE fulfils ETSI's zero-touch automation vision, ready for MEC and O-RAN use cases

Sophia Antipolis, 18 December 2020

ETSI is pleased to announce the launch of OSM Release NINE today. With an array of new features, this Release completes the alignment process with ETSI NFV specifications, culminating in native adoption of ETSI GS NFV-SOL006 for network functions and service modelling. Standardizing the onboarding process for VNFs into OSM fosters interoperability and boosts the growth of OSM’s VNF ecosystem. Release NINE coincides with the announcement of a new production deployment, confirming OSM as the most comprehensive open-source NFV orchestrator and a key enabler for zero-touch end-to-end network and service automation.

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ETSI’s CTO granted the prestigious award of Wireless World Research Forum

ETSI’s CTO granted the prestigious award of Wireless World Research Forum

Sophia Antipolis, 18 February 2021

During WWRF 45th meeting ETSI’s Chief Technical Officer (CTO), Adrian Scrase, has been granted the prestigious award of the Wireless World Research Forum in recognition of his significant contribution to the development of mobile communications standards, and for his longstanding support of the work of WWRF.

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ETSI enables intercontinental testing for next-generation emergency communications

ETSI enables intercontinental testing for next-generation emergency communications

Sophia Antipolis, 23 March 2021

ETSI has successfully completed its international emergency communications interoperability testing event. 285 test pairings, with 87% demonstrating interoperability, were run from 22 February to 5 March 2021, both in Europe and across the Atlantic to assess the compatibility of products for mission-critical public safety services. This remote event was a cooperation between ETSI, EENA, the European Emergency Number Association and for the first time NENA, the 9-1-1 Association.

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ETSI Open Source MANO launches Release TEN, celebrates OSM 5th anniversary

ETSI Open Source MANO launches Release TEN, celebrates OSM 5th anniversary

Sophia Antipolis, 16 June 2021

Today ETSI is happy to introduce OSM Release TEN, the 11th Release of an Open-Source project which first announced its Release ZERO in 2016 with the vision of closing the gap between the traditional way of building telecom networks, and the use of cloud technologies in telcos emerging at that time.

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ETSI Open Source MANO announces OSM Release ELEVEN

ETSI Open Source MANO announces OSM Release ELEVEN

Sophia Antipolis, 7 December 2021

ETSI is pleased to announce OSM Release ELEVEN. Committed since its foundation to the alignment with ETSI standardization work, this release completes the adoption of two new ETSI NFV specifications, ETSI GS NFV-SOL004 and ETSI GS NFV-SOL007 for package formats. Standards adoption is part of the OSM vision to enable interoperability and a large and healthy NFV ecosystem. In addition, Release ELEVEN includes significant functional extensions in areas such as interoperability with public clouds, interaction with cloud-native environments and integration of network functions of different natures.

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ETSI selected for special Research session at 2022 EuCNC & 6G Summit

ETSI selected for special Research session at 2022 EuCNC & 6G Summit

Sophia Antipolis, 11 May 2022

ETSI is pleased to have been selected for a special session at 2022 EuCNC & 6G Summit, on 9 June 2022 in Grenoble, France. Entitled Research results impacting B5G and 6G through Standardization, it will be jointly chaired by Markus Mueck, Chair of the ETSI board RISE (Research, Innovation and Standards Ecosystem) group, and Riccardo Trivisonno, Chair of 6G-IA Pre-Standardization Working Group. The latter represents industry in the novel Smart Networks and Services Joint Undertaking (SNS-JU) which is Europe’s key funding framework for future 6G and related technology.

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ETSI releases first specification on 5th Generation Fixed Network (F5G) architecture

ETSI releases first specification on 5th Generation Fixed Network (F5G) architecture

Sophia Antipolis, 12 May 2022

ETSI's 5th Generation Fixed Network group (ISG F5G) has released its first specification for F5G Network Architecture ETSI GS F5G 004. This architecture will deliver a variety of services to residential and business customers over a single physical network with guaranteed SLAs (service level agreements).

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ETSI launches a new open-source group: TeraFlowSDN

ETSI launches a new open-source group: TeraFlowSDN

Supporting autonomous networks and cybersecurity use cases

Sophia Antipolis, 31 May 2022

Today, ETSI is pleased to announce the creation of a new open-source group called TeraFlowSDN. Based upon the results of the European Union-funded TeraFlow 5G PPP research project, this new group hosted by ETSI will provide a toolbox for rapid prototyping and experimentation with innovative network technologies and use cases.

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