Oct. 9, 2000
8:00 AM ET.
Alert No. 37. |
TLJ Home Page
News from
the Web
Calendar
Search
Tech Law Journal is a free access online publication that
provides news, records, and analysis of legislation, litigation, and
regulation affecting the computer and Internet industry.
This email service is offered free of charge to anyone who requests
it.
Contact TLJ:
202-364-8882.
E-mail.
P.O. Box 15186, Washington DC, 20003.
Notices
& Disclaimers
Privacy
Policy
Copyright 1998 - 2000 David Carney, dba Tech Law Journal. All rights
reserved. |
|
|
| News Briefs |
10/6. The House passed the conference report on HR 3244 (House
Report 106-939), the Trafficking Victims Protection Act, by a
vote of 371-1. Section 2004 of this bill is the Twenty First
Amendment Enforcement Act, which, before being added to this
crime bill, was introduced as stand alone bills (HR
2031 and S
577). It allows state attorney generals to bring suits in U.S.
District Court to enforce state alcohol laws. It is also known as
the Internet alcohol sales bill. The bill is supported by
liquor distributors who seek to limit competition from Internet
sales, and some states which seek to collect taxes on all alcohol
sales. Supporters describe the bill as a measure to limit the sale
of alcohol to minors over the Internet. California wineries opposed
the bill. See also, TLJ
Summary of Bills Affecting Internet Alcohol Sales.
10/6. The House passed HR
5362, a bill to raise fees for H1B visas from $500 to
$1,000, except for certain educational and non-profit employers. Rep. Chris Cannon (R-UT)
said that "this bill adds the final piece to the H-1B
legislation that we passed earlier this week. There is widespread
consensus that the $500 fee for an H-1B visa application should be
increased. The money collected in fees goes toward job training for
American workers and scholarships for American students studying
math and science. These programs will provide the long-term solution
to the shortage of information technology workers plaguing our
economy." This bill was passed pursuant to an agreement reached
for passage of the bill increasing the annual cap on the number of
H1B visas earlier in the week. (U.S.C.)
See also, TLJ
Summary of High Tech Worker Visa Bills.
10/6. The House Government
Reform Committee's Government Management, Information, and
Technology Subcommittee held a hearing titled "Oversight
Hearing on the Management Practices of the Federal Communications
Commission: The Chairman Reports." See, prepared statements of Walker
Feaster (FCC Inspector General), Adam
Thierer (Heritage Foundation), Jeffery
Eisenach (The Progress & Freedom Foundation), and William
Kennard (FCC Chairman). Thierer and Eisenach criticized the FCC
for its over regulation, increasing budgets, and exercise of powers
not delegated to it by statute.
10/6. The House Commerce
Committee's Telecom Subcommittee held a hearing titled
"Part II: The Future of the Interactive Television Services
Marketplace: What Should Consumers Expect?"
10/6. A report
[PDF] released by Privacilla.org
states that the White House
for Kids web site violates federal privacy policy. The
Children's Online Privacy Protection Act (COPPA), which requires web
site operators to obtain parental consent before collecting personal
information from children, was enacted into law in late 1998. On
June 22, the OMB issued a Memorandum
that directs that all government web sites, and their contractors,
should also comply with the standards contained in the COPPA. The
Privacilla.org report also argues that the COPPA is "overly
prescriptive", that "government privacy regulations will
carry substantial burdens and have unintended consequences",
that "governments, as the biggest collectors and users of
personal information, are not good stewards of privacy", and
that "loss of privacy is one price of big government".
10/6. The Navy and Marine Corps announced the award of an Intranet
contract to EDS. The contract is
valued at more than $6.9 Billion over eight years. See, EDS
release and Navy
release.
10/6. Fox News and TheStreet.com
announced that they settled the lawsuit Fox News commenced against
TheStreet.com concerning TheStreet.com's television program that ran
on the Fox News. See, TheStreet.com
release.
10/6. Freei Networks Inc. filed
for Chapter 11 bankruptcy in the Western District of Washington.
10/6. Rambus, which is involved
in a patent dispute with Hyundai,
made three announcements. (1) Rambus filed a motion for a change of
venue in Hyundai's patent suit, from the U.S. District Court
for the Northern District of California at San Jose, to the Eastern
District of Virginia at Alexandria. (2) Rambus will file a
counterclaim for patent infringement. (3) Rambus filed a motion to
dismiss its complaint with the USITC. See, Rambus
release. Hyundai filed a complaint in U.S. District Court on
Aug. 29 alleging that certain Rambus patents are invalid,
unenforceable, and not infringed by any Hyundai products. See, Hyundai release of
Aug. 29.
10/6. The USITC instituted an
investigation of certain SDRAM
devices and modules used in computers and other electronic devices. Rambus filed a complaint on Sept.
11, 2000, and supplemented it on Sept. 26, which alleges violation
of § 337 of the Tariff Act of 1930 for the importation into the
U.S., and sale within the U.S., of SDRAM products that infringe U.S.
patents owned by Rambus. Rambus requested that the ITC issue
a permanent exclusion order and a permanent cease and desist order.
The case has been assigned to ITC administrative law judge Sidney
Harris. (Inv. No. 337-TA-437) See, ITC release.
10/5. Several intellectual property and technology groups,
including the AIPLA, IPO, INTA, BSA,
and ITAA,
sent a letter to OMB Director Jacob Lew
urging the Clinton administration to support USPTO funding at
least at the level contained in the Senate's appropriations bill for
Commerce, Justice, State and the Judiciary (CJS) for FY2001. The
Congress has not yet passed the CJS appropriations bill. The
administration has long supported diverting some fees collected by
the USPTO to fund other government programs. Intellectual property
groups, and Rep.
Howard Coble (R-NC), have advocated ending this diversion. The
Senate bill diverts only $33 Million. The House version diverts an
additional $267 Million. For background, see, TLJ stories regarding House CIP
Subcommittee action (March 26), House
vote on Coble amendment (June 25), analysis
of vote on Coble amendment (June 25),and Senate
Appropriations Committee action (July 19).
10/5. The SEC filed a civil complaint
in U.S. District Court (NDCa) against
Walter Königseder, formerly a VP of Informix.
The SEC alleges that Königseder aided and abetted Informix's
material overstatement of quarterly and annual revenue and earnings
in 1996, and further, that he lied about his knowledge of, and
involvement in, the transactions. The complaint alleges violation of
antifraud, reporting, record-keeping, and internal control
provisions of the Securities Exchange Act of 1934, and seeks
injunctive relief. The SEC also announced that its investigation is
continuing. See, SEC release.
10/5. The U.S. Attorney (NDCa)
obtained a criminal indictment of Königseder for wire fraud and
criminal securities violations.
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. |
|
|
| New Documents |
IP groups: letter
to OMB Director Lew re funding for the USPTO, 10/5 (HTML, IPO).
privacilla.org:
report
on COPPA and the White House Web Site for Kids, 10/6 (PDF,
privacilla).
|
| New and Updated Sections |
Calendar
(updated daily).
News
from Around the Web (updated daily).
|
| Quote of the Day |
"It is very important for us to recognize that while just 2
days ago we were able to pass legislation which does bring about
that increase to 195,000 the number of H-1B visas, it is important
for us to realize the long-term solution is to do exactly what my
friend from Michigan [Rep. John Conyers (D-MI)] has said, focus on
scholarships for the National Science Foundation, increase math and
science education at the K through 12 level, and realize that if we
are going to have a workforce that is going to be globally
competitive, we must have them trained and educated here in the
United States. Until that time, we have increased the H-1B visa
level."
Rep. David Dreier (R-CA), sponsor of HR 5362. |
|
