Sept. 21, 2000
7:00 AM ET.
Alert No. 25. |
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Copyright 1998 - 2000 David Carney, dba Tech Law Journal. All rights
reserved. |
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| News Briefs |
9/20. The House Judiciary
Committee began its markup of HR 5018, the Electronic
Communications Privacy Act of 2000, sponsored by Rep. Charles Canady (R-FL).
On Sept. 14 the Constitution Subcommittee approved an amended
version of the bill. On Sept. 20 Rep. Canady offered a lengthy
amendment to the subcommittee version of the bill which limits
some of the privacy protections, and gives new powers to law
enforcement authorities regarding computer crimes, and other
matters. The Committee debated at length, but postponed further
consideration until Tuesday, Sept. 26. At least six other amendments
were still pending as of adjournment of the mark up. This appears to
be the beginning of a long and complex legislative process that will
carry over into the next Congress.
9/20. The SEC brought and
settled civil fraud charges against Jonathan Lebed, age 15, for
using the Internet to conduct a series of stock manipulation schemes
involving fraud and touting. On 11 occasions young Lebed purchased
thinly traded microcap stocks, then sent e-mail messages, primarily
to various Yahoo! Finance
message boards, regarding the stock, and then sold his shares. On
several occasions the punk placed a sell limit order before the
market closed on the day he purchased the stock to ensure that he
would not miss the price increase of the stock while he was in
school the next day. Under the settlement, he will disgorge his
illegal profits: $272,826. This is the first time the SEC has
brought charges against a minor. See, SEC release.
9/20. The Supreme Court of the U.S. now has an online
docket system that can be searched by the lower court docket
number, the Supreme Court docket number, or names of the parties.
9/20. The Electronic Privacy
Information Center (EPIC) and Privacy International
released a 3rd annual Privacy and Human Rights survey. The
report reviews the state of privacy in over fifty countries.
9/19. Unique Broadband Systems
(UBS), a Canadian manufacturer of broadband wireless products, filed
suit against Pixstream for
breach of contract in connection with an alleged misappropriation of
its digital video technology. UBS is based in Concord, Ontario, and
is represented by the law firm of Lenczner Slaght.
Pixstream, which is based in Waterloo, Ontario, develops and
manufactures hardware and software products that enable network
service providers and enterprises to distribute and manage digital
video. Cisco announced on Aug.
31 that it will buy Pixstream. See, Cisco
release.
9/14. U.S. Court of Appeals Judge Richard Posner
gave an address
titled Antitrust in the New Economy. He covered application
of antitrust law and economics to intellectual property based
technology companies of the New Economy (which he defined as
software producers, communications services and equipment providers,
and Internet access, service, and content providers). He stated that
"antitrust doctrine is supple enough, and its commitment to
economic rationality strong enough, to take in stride the
competitive issues presented by the new economy." However, he
also recommended that the DOJ
Antitrust Division and FTC
need more funding, and that the states should not be allowed
to bring antitrust suits. See, Quote of the Day.
Editor's Note: This column includes all News Briefs added to
Tech Law Journal since the last Daily E-Mail Alert. The dates
indicate when the event occurred, not the date of posting to Tech
Law Journal. |
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| Breaking News |
The Washington Post appears
to have acquired another leaked FCC AOL-TW document. It reports in
its Thursday edition that "A draft order within the Federal
Communications Commission recommends the agency approve the $183
billion merger of America Online Inc. and Time Warner Inc., provided
the companies make legally binding their pledge to allow rival
providers of high-speed Internet access to reach customers over
their cable television systems." Full
story.
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| New Documents |
Canady:
Amendment
to HR 5018 (pending), 9/20 (HTML, TLJ).
Canady:
Statement
re amendment to HR 5018, 9/20 (HTML, TLJ).
HJC/CS:
HR
5018, the Electronic Communications Privacy Act, as adopted
by the Constitution Subcommittee, 9/14 (HTML, TLJ).
Posner:
Address
titled "Antitrust in the New Economy," 9/14 (HTML, TLJ).
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| New and Updated Sections |
Calendar
(updated daily).
News
from Around the Web (updated daily).
Summary
of HR 5018, the Electronic Communications Privacy Act of 2000
(new page).
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| Quote of the Day |
"I would like to see, first, the Antitrust Division and the
Federal Trade Commission given the necessary appropriations to
enable each of these agencies to hire a competent technical
staff—which won’t be easy, given the salaries that competent
new-economy scientists and engineers command in the private market.
And I would like to see the states forbidden to bring antitrust
suits except under circumstances in which a private firm would be
able to sue, as where the state is suing firms that are fixing the
prices of goods or services that they sell to the state. States do
not have the resources to do more than free ride on federal
antitrust litigation, complicating its resolution; in addition they
are too subject to influence by interest groups that may represent a
potential antitrust defendant’s competitors." Judge
Richard Posner, 9/14 (source).
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