| New Documents |
USDC:
order
and opinion in the Broward County cable access case holding that
mandatory access to broadband cable Internet access facilities
violates the First Amendment, 11/8 (HTML, TLJ).
ELL: complaint
in Unity Entertainment v. MP3.com for copyright infringement, 11/7
(HTML, TLJ).
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| New and Updated Sections |
Calendar
(updated daily).
News
from Around the Web (updated daily).
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| Quote of the Day |
"It is ironic that a technology, which is permitting citizens
greater ease of access to channels of communication than has existed
at any time throughout history, is being subjected to the same
arguments rejected by the Supreme Court in Tornillo.
Broward County's ordinance intrudes upon the ability of the cable
operator to choose the content of the cable system and imposes a
cost in time and materials in order to make available the space that
may be demanded. The result has been that cable operators have not
provided Internet service in unincorporated Broward county.
Compelled access like that ordered by the Broward County ordinance
both penalizes expression and forces the cable operators to alter
their content to conform to an agenda they do no set."
Judge Donald Middlebrooks, from his opinion in Comcast v.
Broward County.
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| News Briefs |
11/13. Bill Clinton signed HR
5239, which reauthorizes the Export Administration Act of
1979 until August 20, 2001. The Act expired in 1994. However,
Clinton kept the export administration regulations in force by
executive order. The Act establishes export licensing policy for
high performance computers (HPCs), software, encryption products,
and other items. HR 5239 simply states that "section 20 of the
Export Administration Act of 1979 (50 U.S.C. App. 2419) is amended
by striking 'August 20, 1994' and inserting 'August 20, 2001'."
Clinton stated that "While a comprehensive revision of the
Export Administration Act is necessary, this reauthorization of the
EAA is a needed short-term step." See, Clinton's signing
statement. Many export licensing controversies remain for the
next administration and Congress.
11/13. Marimba and Novadigm announced that they
have has settled their pending patent disputes, and that they
each have agreed to dismiss their patent infringement lawsuit
against the other party. The terms of the settlement are secret.
See, Marimba
release and Novadigm
release. Reference: Case No. C-97-20194-JW, U.S. District Court
(NDCal),
11/13. World
Online stated that "On November the 13th 2000 the
Prosecutor of the Justice Department in Amsterdam commenced an
investigation in the offices of World Online International NV in the
light of allegations of insider trading around the company's listing
on March 17th 2000." See, World
Online release. World Online is a Netherlands based Internet
service provider, Internet portal and content provider, and
application service provider.
11/13. The Department of Defense published a notice
in the Federal Register that the Telecommunications
Service Priority System Oversight Committee (TSPOC) has been
renewed. The TSPOC provides advice and recommendations to the
Secretary of Defense regarding the priority treatment of national
security and emergency preparedness telecommunications services.
See, Federal Register, Nov. 13, 2000, Vol. 65, No. 219, Pages
67718-67719. See also, TSP web
site.
11/9. The FTC filed a "consent
judgment" and a "proposed default judgment" in its
injunctive proceeding against World Interactive Gaming Corp. (WIGC),
a Delaware Corp. which owns an Antigua Internet casino corporation.
In Aug. 1998, the FTC filed a complaint
in the U.S. District Court (EDNY) charging defendants
with violation of §5 of the Federal Trade Commission Act in
connection with the offering for sale of securities. The FTC
complaint stated that defendants misrepresented to consumers
"that their purported Internet casino can expect to make
approximately $100 million in its first year of operation." The
FTC stated that "The proposed settlement will bar deceptive
claims in the future, require more than $500,000 to be returned to
investor-victims, and require the defendants to post a $2 million
bond prior to engaging in, or assisting others engaging in, the
promotion, advertising, marketing or sale of an investment in any
company that owns or intends to own an online gaming entity."
See, FTC release.
The State of New York has also pursued WIGC. See, case
summary by the NY Office of the Atty. Gen., and opinion
of the Supreme Court of New York in People v. World Interactive
Gaming Corp.
11/7. The SEC filed a complaint
in the U.S. District Court (DKan)
against several
defendants involved in an Internet based securities
fraud scheme. The SEC alleged violation of §17(a) of the
Securities Act, and §10(b) of the Securities Exchange Act and Rule
10b-5 thereunder. The Court issued various emergency orders sought
by the SEC to freeze assets, appoint a receiver, require an
accounting, and expedite discovery. See, SEC release.
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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ISTAC Meeting
Nov. 15 and 16
There will be a two day meeting of the Information
Systems Technical Advisory Committee (ISTAC) of the Bureau of Export Administration
(BXA) of the Department of Commerce. See, notice
in Federal Register. This committee deals with export
controls applicable to information systems equipment and
technology. Parts of the meeting will be closed to the
public. Location: Herbert C. Hoover Building, Room 3884, 14th
Street between Pennsylvania Avenue and Constitution Avenue NW,
Washington DC.
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