| New TLJ Stories |
| Advisory
Panel Reports on Cyber Terrorism. A national domestic
terrorism advisory panel released its second annual report on
terrorism, weapons of mass destruction, and cyber terrorism.
The panel's Chairman, Gov. James Gilmore, stated that cyber
terrorism "can be a very deliberate attack on the
capabilities of the United States to respond to any other type
of attack." The panel recommended the creation of an
executive branch office, and Congressional committees, with
responsibility for combating terrorism. |
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| New Documents |
FTC:
Complaint
against AOL and TW, 12/14 (PDF, FTC).
FTC:
Decision
and Order re AOL and TW merger, 12/14.
FTC:
Analysis
of FTC action on AOL TW merger, 12/14 (PDF, FTC).
Tristani:
speech
re FCC merger reviews, 12/14 (HTML, FCC).
DOJ:
Final
Carnivore Report, 12/14 (4.5 MB PDF file, DOJ).
Barshefsky:
speech
re trade agenda, 12/14 (HTML, State). |
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| News Briefs |
12/14. The FTC reached an agreement
with AOL and Time Warner that will result in the FTC approving
the two companies' merger. As part of the deal, AOL and TW
agree to many conditions, including that they open their cable
system to competing ISPs. The agreement gives the FTC
ongoing regulatory authority over the merged company. To put
this arrangement into effect the FTC filed an administrative Complaint
[PDF] against AOL and Time Warner for violation of §7 of the
Clayton Act and §5 of the Federal Trade Commission Act. (See,
Docket Number C-3938.) The FTC also simultaneously filed an Agreement
Containing Consent Orders [PDF] and Decision and
Order [PDF]. See, joint
statement of AOL and TW and Analysis
[PDF] by FTC. The European Commission has approved the merger
too. However, AOL and Time Warner still need to win the
approval of the FCC, which is
conducting its own proceeding.
12/14. FCC
Commissioner Gloria
Tristani gave a speech
in Washington DC in which she defended the FCC's recent
practice of conducting duplicative antitrust merger review
proceedings. "There is clearly an ongoing debate about
the Commission's involvement in mergers both at the Commission
and on Capitol Hill. But at present, the Commission’s review
of mergers is clearly required by law." Tristani added
that this review must include "an analysis of the
competitive impact of the transaction on the relevant
communications market." She also discussed the FCC's new Enforcement Bureau and its Section
271 proceedings.
12/14. The FTC's action on the AOL TW merger prompted much
reaction and commentary. The NCTA, which
represents cable operators, argued that "no other cable
company serves more than a small fraction of the Internet
access market. The anti-trust safeguards imposed by the FTC
are unique to AOL's substantial Internet position and are not
a precedent for broader government regulation." See, NCTA
release. In contrast, the OpenNet Coalition, which
represents many ISPs, stated that "this can serve as a
model for other cable systems across the country". See, OpenNet
release. The Association for Competitive Technology
released a statement
that condemned the deal. "It is unfortunate that the FTC
succumbed to the lobbying efforts of forced accessed
advocates" said ACT President Jonathan Zuck. "In the
end, forced access amounts to corporate welfare and consumers
will be the losers." Meanwhile, the Consumers Union
issued a release
that praised the "open access" component of the
deal, but criticized the FTC for not also ordering the
divestment of certain assets.
12/14. The U.S. Justice Dept. released the final report of the
Illinois Institute of
Technology Research Institute (IITRI) on the e-mail
surveillance system named Carnivore. It contained few
changes from the preliminary report. See, DOJ's
Final Carnivore Report [caution: 4.5 MB PDF file]. House Majority Leader Dick
Armey (R-TX) criticized the report: "This superficial
review doesn't get to the heart of the matter. It does nothing
to restore the confidence that Americans should have in the
confidentiality of their online transactions. Why should
average Internet users have to wonder whether a rogue agent
could snoop through their emails and other online
transactions?" See, Armey
statement.
12/14. Gov. James Gilmore (R-VA), and other members of an anti
terrorism panel released their second annual report, which
also addresses cyber terrorism, at a press conference
in Washington DC. See, TLJ
story.
12/14. The USTR announced
that it submitted to the WTO a "negotiating
plan to remove trade barriers across a broad range of services
sectors", including telecommunications. See, USTR
release.
12/14. Outgoing USTR Charlene
Barshefsky gave a speech
in Washington DC to the Democratic
Leadership Council on trade policy. She also outlined
upcoming trade related items. "Next year, the new
Congress will consider at least six major bills:
implementation of the U.S.-Vietnam Trade Agreement and a
similar agreement with Laos through approval of annual NTR;
Free Trade Agreements with Jordan, Singapore and Chile; a
renewed and expanded Andean Trade Preferences Act. The new
Administration and Congress will also need to decide whether
the procedural device of "fast-track" negotiating
authority remains necessary. ... China's WTO commitments will
come into force, and the task of monitoring and enforcement
will begin. ... The Free Trade Agreement with Singapore, which
may be expanded in Asia, begins ..." She also reviewed
and praised the trade accomplishments of the Clinton
administration.
12/12. The FCC
denied petitions filed by PanAmSat
and GE Americom
seeking reconsideration of its Aug. 8, 2000 decision (FCC
00-287) authorizing INTELSAT
as a U.S. licensee upon its privatization in 2001. That
decision granted INTELSAT full access to the U.S. market
providing that it privatizes in a manner consistent with U.S.
law. See, FCC
release. See also, contact
info. |
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| Editor's Note: This column includes all News Briefs
added to Tech Law Journal since the last Daily E-Mail Alert.
The date indicates when the event occurred, not the date of
posting to Tech Law Journal. |
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| Quote of the Day |
"It is easy to envision a coordinated attack by
terrorists, using a conventional or small-scale chemical
device, with cyber attacks against law enforcement
communications, emergency medical facilities, and other
systems critical to a response."
Cyber
terrorism panel annual report, Dec. 15. |
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| People |
| 12/14. The Federal Election
Commission elected Danny McDonald as Chairman and David
Mason as Vice Chairman for 2001. These positions rotate
annually. See, FEC
release. The FEC, which is responsible for enforcing the
Federal Election Campaign Act (FECA), has increasingly been
addressing issues that affect the Internet, including
determining whether certain Internet activities constitute
campaign contributions or expenditures, and applying the FECA
to fund raising on the Internet. |
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