| Senate Confirmations |
1/29. The Senate confirmed Elaine Chao to be
Secretary of Labor on a voice vote. She is a former Heritage Foundation
fellow, and the wife of Sen.
Mitch McConnell (R-KY). The Department
of Labor (DOL) deals with a few technology related issues.
For example, the DOL has sought to extent the reach of OSHA
regulations to tele-workers at home. The DOL also has
responsibility for writing regulations regarding the
employment of workers with H1B visas.
1/29. Sen. Patrick
Leahy (D-VT), the Ranking Democrat on the Senate Judiciary
Committee, stated that he would vote against Attorney
General nominee John Ashcroft, but that he would not
filibuster. See, statement.
The Committee has scheduled a vote on the Ashcroft nomination
for Tuesday Jan. 30 at 2:30 PM. However, this Committee
frequently postpones scheduled matters. |
|
|
| New Documents |
MSFT:
reply
brief in antitrust case, 1/29 (HTML, MSFT).
USAO:
criminal
complaint for insider trading against Kim, 1/26 (PDF, USAO).
Tauzin:
letter
to Richard Clarke (NSC) re government computer and network
security, 1/25 (HTML, TLJ).
Carey:
speech
on market information, 1/25 (HTML, SEC).
ICANN:
Preliminary
Report from the DNSO Review Task Force, 1/29 (HTML, ICANN).
SIIA:
complaint
for copyright infringment against Kish, (HTML, TLJ).
SIIA:
complaint
for copyright infringement against Chu, (HTML, TLJ). |
|
|
| Securities Law |
1/26. The U.S. Attorney's Office (NDCal)
and the FBI filed a criminal
complaint and supporting affidavit in U.S. District Court
(NDCal) against Keith Joon Kim alleging insider trading
in violation of Section 10b of the Securities Exchange Act of
1934. The affidavit was sworn by FBI Special Agent Omer Meisel,
who is a former SEC
investigator. The affidavit states that Kim learned of merger
negotiations between Meridian Data Inc. and Quantum Corp.
while traveling to a ski retreat with a small group of
corporate officers in March of 1999. Kim then placed orders to
purchase a total of 187,300 shares of Meridian stock at a cost
of $583,110. When Meridian announced its merger with Quantum
in May, 1999, its stock rose. Kim's Meridian shares increased
in value to $1,415,988, an illegal gain of $832,877. Asst.
U.S. Attorney Patrick Robbins will prosecute the criminal
case.
1/25. SEC
Commissioner Paul
Carey gave a speech
in Coronado California to the 28th Annual Securities
Regulation Institute on market data. The emergence of electronic
communications networks (ECNs) has created new issues
regarding who owns market data, how it will be disseminated,
and how it will be priced. Carey stated that the SEC's Market
Information Advisory Committee is studying the subject, and
that he hopes that "industry can reach consensus on a
model". |
|
|
|
| Olson to be Solicitor
General |
1/29. Ted
Olson, a partner in the Washington DC office of Gibson Dunn and Crutcher,
will likely be nominated for the position of Solicitor
General, the AP and Wall Street Journal reported. Olson, like
Ashcroft, has a record of supporting electronic privacy. He
successfully argued for the petitioners in USTA v. FBI. In
this case, the U.S. Court of Appeals (DCCir) issued an opinion
overturning parts of an FCC order on wiretap standards under
the 1994 CALEA.
Congress passed the CALEA in 1994 to allow law enforcement
authorities to maintain their existing wiretap capabilities in
new telecommunications devices. It provides that wireline,
cellular, and broadband PCS
carriers must make their equipment capable of certain
surveillance functions. The CALEA also provides that its
provisions do not apply to "information services".
The FBI and the TIA have since sought an implementation of
CALEA that expands surveillance capabilities beyond those
provided in the statute. The FCC sided with the FBI on most
points when it adopted its Third Report and
Order [huge WP file] in Aug. 1999.
1/29. Ted Olson has a long history in Washington DC. Former
Attorney General William Smith brought Olson to Washington DC
in 1981 to head up the Office
of Legal Counsel. Both came from Gibson Dunn &
Crutcher. Olson returned to Gibson Dunn in 1984, working in
its Washington DC office. He has remained a loyal and active
Republican. Most recently, he argued George Bush's election
case before the Supreme Court. He has also represented
corporate media in numerous First Amendment cases. In a some
cases he has opposed some conservatives. For example, he
represented Time Warner in a challenge to the
constitutionality of litigation claiming personal injuries
resulting from "copy-cat" imitations of conduct
depicted in the Oliver Stone movie, "Natural Born
Killers." He is also the Olson of Morrison v. Olson. |
|
|
| More News |
1/29. The FTC published a short report
[PDF] on consumer complaints to the FTC during the time period
Jan. 1 - Dec. 31, 2000. The most common type of complaint was
identity theft; it comprised 23% of all complaints. Complaints
about Internet services and computers made up 11% of all
complaints. Complaints about Internet auctions made up another
8%. See also, FTC release.
1/29. Microsoft filed its reply
brief with the U.S.
Court of Appeals (DCCir) in the antitrust case. See also, PDF
copy.
1/28. The ICANN
released its Preliminary
Report from the DNSO Review Task Force -- DNSO Review Report
Version 2.0a.
1/25. Rep.
Billy Tauzin (R-LA), Chairman of the House Commerce Committee,
wrote a letter
to Richard Clarke, the National Coordinator for Security,
Infrastructure Protection, and Counter-Terrorism, of the
National Security Council. He complained about the Clinton
administration's last minute appointments to the National
Infrastructure Assurance Council (NAIC), and its failure to
provide to the Congress a final report on the
Administration’s efforts to protect the most sensitive
government computer networks from cyber attacks by hackers or
terrorists, as required by law. |
|
|
|
| Walker, White House Counsel |
| 1/29. Helgi Walker will work in the Office of White House
Counsel. She has been Senior Legal Advisor and Chief of
Staff to FCC
Commissioner Harold Furchtgott-Roth, the Commission's
free market economist. Walker provided much of the legal
advice and drafting behind Furchtgott-Roth's ardent pursuit of
market competition, limited government, regulatory rollback,
and adherence to statutory law. She has focused on mass media,
cable, and antitrust matters. Walker has also been an aide to Sen. Strom Thurmond
(R-SC), a clerk to Judge Harvey Wilkerson (USCA, 4th Cir), a
clerk to Justice Clarence Thomas, an associate at Gibson Dunn and Crutcher,
and most recently, an election attorney in Florida. While the
White House Counsel's primary responsibility in recent years
has been scandal management, in other administrations it is a
powerful office which provides legal advice to the President,
screens judicial nominees, and provides guidance to executive
branch agencies on a variety of policies. Walker will work for
Alberto Gonzales, the White House Counsel. She is likely to
play a role in media, telecom and Internet policy making. |
|
|
| Today |
10:00 AM. The Senate
Finance Committee will hold a hearing on the nomination of
Robert Zoellick to be United
States Trade Representative. Location: Room 106, Dirksen
Senate Office Building.
10:00 AM - 12:00 NOON. The FCC's WRC-03
Advisory Committee will hold a meeting on beginning
preparations for the World Radiocommunication Conference 2003.
Location: FCC, 445 12th Street, SW., Room TW-C305, Washington,
DC 20554. See, notice
in Federal Register.
2:30 PM. The Senate
Judiciary Committee has scheduled a meeting at which it
might consider the nomination of John Ashcroft to be
Attorney General. Location: Room 226, Senate Dirksen Building. |
|
|
| About Tech Law Journal |
Tech Law Journal is a free access web site
and e-mail alert that provides news, records, and analysis of
legislation, litigation, and regulation affecting the computer
and Internet industry.
This e-mail service is offered free of charge to anyone who
requests it. Just provide TLJ an e-mail address.
Number of subscribers (as of Jan. 29): 686.
Contact TLJ:
202-364-8882.
E-mail.
P.O. Box 15186, Washington DC, 20003.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998 - 2001 David Carney, dba Tech Law Journal. All
rights reserved. |
|
|