| New Documents |
USDC:
Order
re seizure of password and encryption key information from computer,
6/9/99 (PDF, EPIC).
USAtty:
Sealed
Application re seizure of password and encryption key
information from computer, 6/8/99 (PDF, EPIC).
RUS:
notice
re applications for loans for broadband service projects in rural
areas, 12/5 (TXT, FedReg).
UMC: Complaint for patent
infringement in UMC v. SIS, 12/4 (PDF, UMC).
PPAC:
Annual
Report re patents, 11/30 (MS Word, USPTO).
TPAC:
Annual
Report re trademark process, 11/30 (MS Word, USPTO).
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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 |
"On May 10, 1999, agents of the Federal Bureau of Investigation
("F.B.I.") surreptitiously entered the TARGET LOCATION and
installed and left behind software, firmware, and/or hardware
equipment which would monitor the inputted data entered on Nicodemo
S. Scarfo's computer by recording the key related information as it
was entered."
Ronald Wigler, Asst. U.S. Atty., District of New Jersey, in a
June 8, 1999 sealed
application.
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| News Briefs |
12/5. The Department of Justice's Antitrust Division issued a
recommendation to the FCC regarding SBC's Section
271 application to provide long distance service in Oklahoma and
Kansas. It recommended that "the FCC should independently
review the prices SBC charges its competitors for the use of
'unbundled network elements', such as local telephone lines, to
ensure that these prices are appropriately cost-based." The DOJ
also recommended that "additional information is needed to
support SBC's claim that it provides nondiscriminatory access to the
operation support systems that it uses to provide wholesale services
to competitors in both states." See, DOJ
release and SBC
response.
12/5. The FBI's NIPC issued
an assessment regarding the "Shockwave worm". The NIPC
"assesses that it represents a medium threat in the United
States. Although this worm does not damage user files it does have
the potential to clog e-mail networks due to its mass mailing
capabilities. The Shockwave worm arrives as an attachment to an
e-mail message with the subject 'great Shockwave flash movie'
". The NIPC issues three levels of warnings: assessments,
advisories, and alerts. Advisories are the lowest level. See, release.
12/5. The U.S. Court of
Appeals for the Federal Circuit heard oral argument in Crater
v. Lucent. Plaintiff holds a patent on an underwater
coupling device for fiber optic cable. It filed suit in U.S.
District Court (EDMo)
against Lucent and AT&T alleging patent
infringement. Defendants moved to dismiss on the grounds that
since their use of the invention is pursuant to contracts with the
federal government (U.S. Navy), 18
U.S.C. § 1498(a) provides that the only action available to the
plaintiff is against the government in the U.S. Court of Federal
Claims. The District Court agreed, and dismissed. Meanwhile, the
government aggressively asserts the military and state secrets
privilege to prevent plaintiff from obtaining information about
infringing use. Indeed, it intervened in the District Court
proceeding to prevent most discovery in that action. Damnum absque
injuria?
12/5. The EPIC published in
its web site a copy of a June 9, 1999 order [PDF]
issued by the U.S. District Court (DNJ) pertaining to a search
and seizure in a criminal investigation of Nicodemo Scarfo, an encryption
savvy mobster involved in illegal gambling and loan sharking
operations. The F.B.I. obtained authority to surreptitiously install
on Scarfo's computer "recovery methods" that could capture
password and encryption key information. The Court order stated:
"IT IS ORDERED ... that Special Agents of the F.B.I. ... deploy
recovery methods which will capture the necessary key related
information and encrypted file(s) ... that Special Agents of the
F.B.I. ... be authorized to enter the TARGET LOCATION
surreptitiously, covertly, and by breaking and entering, if
necessary, in order to deploy recovery methods which will capture
the necessary key related information and encrypted file(s) whether
they are stored on Nicodemo S. Scarfo's computer hard drive in the
TARGET LOCATION or on removable media." The order further
permits multiple entries. It also states that the FBI is
"authorized to retrieve such key related information and
encrypted file(s) through electronic means." The Order was
sealed at the time it was issued. See also, Sealed
Application [PDF] of Asst. U.S. Atty. Ronald Wigler.
12/5. The Rural Utilities Service
(RUS) published a notice
in the Federal Register regarding its new $100 Million loan program
to support the construction and installation of broadband
telecommunications services in rural areas. The broadband pilot
program is authorized by 7 U.S.C. § 950 aaa. See, Federal Register,
Dec. 5, 2000, Vol. 65, No. 234, at pages 75920 - 75921.
12/5. The FTC released a notice, to be
published in the Federal Register, regarding changes to its Rules of
Practice. The changes include a revised description of the
responsibilities of the Bureau of Competition.
12/5. The FCC's Common Carrier
Bureau released its bi-annual report on local telephone
competition. This report provides summary statistics of data that
incumbent and competitive local exchange carriers, and mobile
wireless telephone service providers, filed twice a year on FCC Form
477. See, report
[caution: this is a 1.7 MB PDF file].
12/4. United
Microelectronics Corp. (UMC) filed a complaint [PDF] in U.S.
District Court (NDCal)
against Silicon
Integrated Systems Corp. alleging patent infringement,
misappropriation of trade secrets, breach of confidentiality
agreements, unfair competition, and other claims. See, UMC
release. SIS stated that it was "astounded by the
allegations". See, SIS
release. UMC makes semiconductors used in electronic and
computing devices.
12/4. Calif. Gov. Gray Davis
announced the appointment of state Superior Court judges for Los
Angeles and Madera Counties. See, LA
release and Madera
release.
11/30. The USPTO's Patent
Public Advisory Committee released its first annual
report [very large MS Word file]. It concluded that the
diversion of user fees to pay for other government programs is
"insidious".
11/30. The USPTO's Trademark
Public Advisory Committee released its first annual
report [large MS Word file]. It condemned the diversion of user
fees, and called for the USPTO to quickly mandate electronic filing
of trademark applications.
11/30. Judge
Jay Plager of the U.S. Court of
Appeals for the Federal Circuit went on senior status. Hence,
there is now an opening on the Court.
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
10:00 AM. The FCC's Technological
Advisory Council will hold a meeting to hear and discuss
the progress on several topics, including: (1) software
defined radios, cognitive radios, and similar devices, and
how such technology might affect spectrum management;
(2) technologies that affect accessibility of telecom.
services by persons with disabilities; and (3) other issues,
including telecom. common carrier network interconnection, dense
wave division multiplexing, and high speed packet/cell
switching. Location: FCC, 445 12th St. S.W., Room TW-C305,
Washington DC 20554. For more information, contact Kent
Nilsson at knilsson@fcc.gov
or 202-418-0845. See, agenda.
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