| New Documents |
KenPSC:
Order
in Iglou v. BellSouth re discriminatory wholesale DSL service
tariffs, 11/31 (HTML, TLJ).
EPIC:
comments
filed with the DOJ re Carnivore, 12/1 (HTML, EPIC).
ACLU:
comments
filed with the DOJ re Carnivore, 12/1 (HTML, ACLU).
CU:
comments
filed with FCC re notice of inquiry re broadband Internet over
cable, 12/1 (PDF, MRC).
Gates:
essay
re Internet related legal and policy issues, 12/1 (HTML, MSFT).
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| Updated Sections |
Calendar
(updated daily).
News
from Around the Web (updated daily).
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| Quote of the Day |
"Unlike traditional electronic surveillance techniques, which
are capable of complying with the strict specificity and
minimization requirements of federal wiretap law, Carnivore provides
law enforcement with access to the private communications of all
subscribers of a particular service provider. It is this unique
aspect of Carnivore that gives rise to fundamental privacy risks.
The Draft Report states that Carnivore is, indeed, capable of
collecting more information than law enforcement is legally
authorized to acquire ... we urge the Department of Justice and the
Attorney General to suspend its use."
David Sobel, General Counsel of EPIC, in comments
filed with the DOJ regarding Carnivore on Dec. 1. |
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| News Briefs |
12/1. Dec. 1 was the deadline for filing comments with the FCC in its Inquiry
Concerning High-Speed Access to the Internet Over Cable and Other
Facilities. For background, see FCC Notice
of Inquiry [PDF] and release,
both dated Sept. 28. The Consumers Union, Consumer Federation of
America, Center for Media Education, and Media Access Project
jointly filed comments [PDF]
urging the FCC to begin a rule making proceeding to mandate open
access. OpenNET also filed comments in support of FCC mandated open
access. See, release.
AT&T filed comments opposing FCC regulation. AT&T General
Counsel Jim Cicconi stated that "Regulation here would only
slow the delivery of these new services to residential
customers". See, AT&T
release. The Telecommunications
Industry Association (TIA) urged the FCC not to mandate open
access to cable operators' high speed networks used for Internet
access via cable modems. See, TIA
release. Reply comments are due by Jan. 10, 2000.
12/1. Bill Gates published an essay
titled "Shaping the Internet Age." He addressed protecting
intellectual property on the Internet, regulating e-commerce,
privacy, network security, the "digital divide," and the
role of government. He recommended that governments "speed the
implementation of broadband technologies, deregulate where necessary
to stimulate competition, resist the temptation to enact new
regulations, and redouble our efforts to protect content on the
Internet by strengthening and enforcing intellectual- property
rights." Bill Gates and Hillary Clinton will hold a
joint press conference on Mon. Dec. 4 in NYC. Gates will announce
Microsoft donations and a program with the Boys & Girls Clubs of
America to "bridge the digital divide". The event will be
web cast. See, MSFT
release.
12/1. ICANN
published a report
by the IANA
recommending that authority for registering the .ca (Canada)
country-code top level domain (ccTLD) be re-delegated from the University of British Columbia to the
Canadian Internet Registration
Authority (CIRA).
12/1. The EPIC filed comments
with the Carnivore Review Panel at the Department of Justice (DOJ). The
comments conclude: "We further believe that comprehensive
Congressional oversight hearings and review of Carnivore's source
code by the technical community must occur to determine (1) the
actual capabilities of the Carnivore system; (2) whether use of
Carnivore complies with federal statutory requirements; and (3)
whether amendments to federal wiretap law are required before use of
this system is permitted. While the IITRI review represents an
important contribution to public understanding of Carnivore, it is
clearly no substitute for the open process we suggest. Until
Carnivore is subject to such open review and debate, we urge the
Department of Justice and the Attorney General to suspend its
use." (More
on EPIC.) Background: the DOJ released a redacted copy of
the 121 page study
[PDF, very large file] regarding the Carnivore Internet surveillance
system conducted for the FBI by the Illinois Institute of
Technology Research Institute (IITRI) on Nov. 21. See also, FBI
Carnivore web page.
12/1. The ACLU also filed comments
with the DOJ regarding Carnivore. The ACLU argued that the
IITRI reviewed a retired version of Carnivore, that it had too small
a budget, and that it "failed to address the fundamental issues
of whether Carnivore violates the Constitution’s guarantee against
unreasonable searches and seizures and whether it complies that with
existing statutory schemes authorizing electronic
surveillance." See also, ACLU release, and testimony to
House Const. Subcommittee on July 24. (More
on ACLU.)
12/1. The FBI's NIPC issued
an advisory
that "there has recently been an increase in hacker activity
specifically targeting U.S. systems associated with e-commerce and
other internet-hosted sites." NIPC issues three levels of
warning: assessments, advisory, and alerts. Advisories are the
middle level.
12/1.The NTIA
held its second government industry meeting on Third Generation (3G)
wireless. See, NTIA's 3G web
page.
12/1. The FCC issued a Notice
of Proposed Rulemaking [MS Word] that states that the FCC will
require all entities and people who interact with the FCC to obtain
an FCC identification number. The NPRM states that the purpose is
"to better manage the financial systems of the agency and
improve compliance with various statutes that govern the financial
operations of the Federal government". The NPRM also states
that the requirement would extend to non-profit entities and amateur
radio operators (neither of which pay fees to the FCC). The deadline
for submitting comments in this rulemaking is 30 days after
publication in the Federal Register. However, the NPRM adds that
commenters in rulemakings need not obtain or submit an
identification number. (MD Docket No. 00-205.)
12/1. The USPTO issued
a notice
that it will hold an examination on April 18, 2001 for persons
seeking registration before the USPTO as patent attorneys and
agents. The deadline for applications is Jan. 5, 2001. The
next examination will be held on Oct. 17, 2001.
12/1. The Copyright
Office (CO) issued a notice
in the Federal Register regarding compulsory license copyright
royalties. It set a cost of living adjustment of 3.4% in the royalty
rates paid by colleges, universities, or other nonprofit educational
institutions that are not affiliated with National Public Radio for
the use of copyrighted published nondramatic musical compositions.
Background: see, 17 U.S.C. §
118.
11/30. The Kentucky Public
Service Commission (KPSC) issued an Order
compelling BellSouth to
issue a Kentucky- specific tariff regarding wholesale DSL service.
The Complainant, Iglou Internet
Services, an ISP in Louisville Kentucky, alleged that BellSouth
structured its wholesale DSL tariff to ensure that only the largest
ISPs (such as its own) could obtain the best discount available,
thus precluding small ISPs (such as Iglou) from offering DSL
service. The tariff, among other things, required a purchase of
40,000 lines to qualify for the best discount. The KPSC found that
"the wholesale tariff of BellSouth unreasonably discriminates
against most Kentucky independent ISPs and will not advance DSL
service in Kentucky", and ordered it to file a new tariff.
Iglou is represented by Jonathan
Amlung.
11/30. Counsel for the Utah
Lighthouse Ministry, Brian Barnard (Utah Legal Clinic),
announced that a settlement has been reached in the copyright case Intellectual
Reserve v. Utah Lighthouse Ministry. The intellectual property
arm of the Mormon church filed suit alleging copyright
infringement, and removal of copyright management information,
in connection with defendants' publication in its web site of a
Mormon church handbook. See, draft Permanent
Injunction. Defendants agree not to publish quotes longer than
50 words, and not to hyperlink to other infringing web sites.
11/21. The U.S.
Attorney’s Office (NDCal) issued a criminal
complaint against Peter Morch, of San Francisco, charging theft
of trade secrets in violation of 18 U.S.C. 1832. See. DOJ
release. Joseph Sullivan and Jonathan Howden, both of Computer
Hacking and Intellectual Property Unit of the U.S. Attorney’s
Office, are the Asst. U.S. Attorneys prosecuting the case. FBI
Special Agent Lisa Gentilcore, of the Palo Alto office, swore the
complaint and supporting affidavit.
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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Today
Bill Gates and Hillary Clinton will hold a joint
press conference! Gates will announce Microsoft donations, and
a program with Boys & Girls Clubs of America to
"bridge the digital divide". The event will be in
New York City at 12:45 PM ET. The event will be web cast, and
available by telephone dial in. See, MSFT
release. |
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|
| People |
12/1. The Federal Election
Commission (FEC) announced that General Counsel Lawrence
Noble will depart on Jan. 1, 2001. He will be Exec. Dir.
and General Counsel for the Center for Responsive
Politics. Lois Lerner, the FEC’s Associate
General Counsel for Enforcement, will be Acting General
Counsel for six months while the FEC selects a new General
Counsel. The FEC, which is responsible for enforcing the
Federal Election Campaign Act (FECA), has increasingly been
addressing questions regarding the Internet, including
determining whether certain Internet activities constitute
campaign contributions or expenditures, and applying the FECA
to fund raising on the Internet. See, FEC release and CRP
release.
12/1. The law firm of Vinson
& Elkins named 15 new partners, including Stuart
Ford, who handles computer technology intellectual
property matters in the Houston office, Barry
Burgdorf, who handles transactional matters for technology
companies in the Austin office, Dean
Harvey, who handles privacy, digital signatures, and
e-contracts matters in the Austin office.
11/29. Brent Olson was named Deputy Chief of the FCC Common Carrier Bureau's
Policy and Program Planning Division. This Division evaluates
applications by the RBOCs
to provide the long distance service, and merger review
proceedings filed by common carriers. See, FCC
release (MS Word).
11/27. The law firm of Gibson
Dunn & Crutcher named 12 new partners, including
David Segal and Mark Lyon, who are in the firm's
Intellectual Property section. Lyon works in the Palo Alto
office on matters involving communications, computer hardware
and software, integrated circuit and medical device
technologies. Segal is in the Orange County office. See, GDC release.
Another member of the firm, Ted Olson, presented oral
argument [PDF] on behalf of the petitioner in George Bush
v. Palm Beach County Canvassing Board (Supreme Court of the
U.S., No. 00-836) on Dec. 1. |
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