| Voting Technology |
3/7. The Senate
Commerce Committee held a hearing to examine voting
technology reform. Sen.
John McCain (R-AZ) and Sen. Ernest Hollings
(D-SC), the Chairman and Ranking Democrat on the Committee,
respectively, are cosponsors of S
368, the American Voting Standards and Technology Act,
which would direct the NIST
to conduct a study of several voting related topics, including
"any future and emerging technologies for use in
elections, such as Internet voting." Sen McCain
said in his opening
statement [PDF] that "we
must modernize our voting machinery and improve our voting
process without barraging the states and local governments
with excessive rules and regulations." See also,
prepared statements [in PDF] of witnesses:
Sen.
Chris Dodd (D-CT).
Rep.
Asa Hutchinson (R-AR).
Sen.
Charles Schumer (D-NY).
Bill
Bradbury (Secretary of State, Oregon).
Cathy
Cox (Secretary of State, Georgia).
Ron
Thornburgh (Secretary of State, Kansas).
Wade
Henderson (LCCR).
Mary
Jane OGara (AARP).
Raul
Yzaguirre (La Raza). |
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| Federal Circuit |
3/7. The U.S. Court of Appeals (FedCir)
issued its opinion in Crystal
Semiconductor v. Tritech Microelectronics, a patent
infringement case. At issue were U.S. Patent Nos.
4,746,899, 5,220,483, and 4,851,841, which involve analog to
digital converter technology used in the compact disc burners
and sound cards of PC systems. The Court of Appeals affirmed
the district court's claim interpretation and judgments
holding the '899, '841, and '483 patents willfully infringed
by TriTech. It also affirmed the judgment that Crystal is not
entitled to price erosion damages or prejudgment interest. It
also vacated the judgment that the '841 patent is not invalid
due to an on-sale bar and remands for trial. It also reversed
the judgment that Crystal is not entitled to lost profit
damages. Finally, it vacated the damages order, and remanded
the case to the District Court to enter damages totaling
$34,929,379 for Crystal to be paid by TriTech.
3/7. The U.S. Court of Appeals (FedCir)
issued its opinion in Micron Technology v. US and LG
Semicon, a case regarding dumping margins for imports of
dynamic random access memory semiconductors from Korea that
involved interpretation of the 1994 amendments to the Tariff
Act of 1930.
3/7. "The U.S.
Court of Appeals (FedCir) heard oral argument in Lans
v. Digital Equipment Corp." |
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| New Documents |
Dingell:
address
re FCC reform and interlata data relief for phone companies,
3/7 (HTML, HCC).
USCA:
opinion
in US v. Grimes re search and seizure of computer files, 3/7
(HTML, USCA). |
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| Quote of the Day |
| "Under the terms of the DMCA, isn't Rep. Boucher a
circumvention device himself, attempting to undermine the law
the content providers bought, which effectively controls
access to their goodies? I'm concerned that Judge Kaplan may
restrict our access to this guy."
Anonymous poster to Slashdot, praising address
by Rep. Rick Boucher (D-VA) advocating changes to copyright
law to "reaffirm the fair use doctrine" in the
context of digital and Internet media. See, thread. |
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| FCC Reform |
3/7. Rep.
John Dingell (D-MI), ranking Democrat on the House Commerce Committee,
gave an address
at a USTA conference
in which he advocated FCC reform and interlata data
relief for phone companies. He stated that "FCC
reform is one of the top priorities of the Energy and Commerce
Committee. Too often, the FCC is hamstrung by dint of its
antiquated design. Separate bureaus assigned to each segment
of the industry may have worked well enough in days gone by.
But today the FCC's smokestack mentality is simply a relic,
ill-equipped to handle the convergence of technologies that
are at the heart of your modern industry." He said that
he and Rep. Billy
Tauzin (R-LA) would soon re-introduce their bill (HR
2420 in the 106th Congress) that "simply draws a line
in the sand when it comes to the regulation of advanced
services such as high-speed Internet connections. The idea is
to establish a regulatory-free zone so that telephone
companies can compete with cable companies and others on a
level playing field." He concluded that "the
distinction between local and long distance telephone service
will become increasingly irrelevant in the days to come. It is
an artificial distinction based on geography that means little
in a world of fiber optics and packet-switched networks."
3/7. FCC Chairman
Michael Powell stated at the USTA conference
that, in light of the opinion
of the U.S.
Court of Appeals (DCCir) in Time
Warner Entertainment v. FCC overturning the
FCC's cable ownership caps on March 2, AT&T may not be required to
sell some of its cable assets, as the FCC required in its June
5, 2000 order
[PDF] in its AT&T MediaOne merger proceeding.
3/7. The USTA held its
annual National Issues Conference in Washington DC. See, release.
See also, release
re address
by Rep. John Dingell
(D-MI), release
re address by Rep.
Rick Boucher (D-VA), and release
re address by Rep. Roy
Blunt (R-MO). |
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| Search and Seizure of
Computer Files |
| 3/7. The U.S.
Court of Appeals (5thCir) issued its opinion
in USA
v. Grimes, a criminal case involving search and
seizure of files stored on a computer hard drive.
Defendant's wife took his Windows computer to a private repair
business because it would not boot. A repair technician
determined, among other things, that the hard drive was low on
space. He then proceeded to delete JPG files, after first
opening them. He found 17 files in the My Briefcase directory
that contained pictures of girls. He reported this to his
supervisor, who called police, who called in the FBI.
Defendant was charged with possession of ηhild
pormography in violation of 18 U.S.C. §
2252(a)(4)(B). He challenged the admission of pictures and
other evidence on 4th Amendment grounds. The Appeals Court
rejected the argument because the search was conducted by a
private party, not law enforcement agents. Conviction vacated
on other grounds. |
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| More News |
3/7. The House
Science Committee held a hearing titled "K-12th Grade
Math and Science Education: the View from the
Blackboard." It heard from a panel of school teachers.
3/5. Attorney General John Ashcroft appointed Lori Sharpe
to be Director of Intergovernmental Affairs and Advisor to the
Attorney General. Sharpe was previously Director of
Congressional Affairs for the Senate at the CTIA.
Prior to that she was Sen. Ashcroft's Deputy Chief of Staff,
Legislative Counsel, and Legislative Assistant for commerce
and transportation issues. See, release.
3/7. Microsoft
announced the settlement of three lawsuits filed in U.S.
District Court (DColo) in 1999 and
2000 alleging copyright infringement. All three
companies consented to a permanent injunction prohibiting
future infringement of Microsoft's copyright and trademark
rights, and to pay a total of $400,000. See, release.
3/7. The FTC published in the
Federal Register a notice
of amendment to its rule regarding the appearances of
former members and employees. See, Federal Register, March 7,
2001, Vol. 66, No. 45, at Page 13645.
3/7. The London law firms of Paisner & Co and Berwin Leighton
announced that they will merge, effective May 1. The new firm
will be known as Berwin Leighton Paisner. See, release.
3/7. eToys Inc. and eToys Distribution LLC filed Chapter 11 petitions
for bankruptcy in U.S. Bankruptcy Court (DDel). |
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| Napster |
3/7. EMusic.com filed a
complaint
in U.S. District Court (NDCal)
against Napster alleging
contributory and vicarious copyright infringement and unfair
competition. EMusic President Gene Hoffman stated in a release
that "We welcome the injunction that the court has issued
against Napster. It is a major step towards leveling the
playing field for legitimate downloadable music
companies."
3/7. Will Poole, VP of Microsoft's
Windows Digital Media Division, commented on the Napster
decision and peer to peer distribution. "This week's
Napster court ruling reaffirms the rights of intellectual
property owners everywhere, including musicians, record
labels, film studios and software companies. The court ruling
makes it crystal clear that copyright ownership counts."
See, statement. |
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| Today |
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9:30 AM. The U.S.
Court of Appeals (DC Cir) will hear oral argument in
Platte River Cellular Limited Partnership v. FCC, Appeal No.
00-1160. Judges Ginsburg, Rogers, and Sentelle will preside.
10:00 AM. The House
Commerce Committee's Subcommittee on Commerce, Trade, and
Consumer Protection will hold a hearing titled EU Data
Protection Directive: Implications for the U.S. Privacy Debate.
Location: Room 2123, Rayburn House Office Building. The
scheduled witnesses are:
Stefano Rodota (Chairman, EU Data Protection Working
Party)
David Smith (Office of the UK Information
Commissioner)
David Aaron (Dorsey & Whitney)
Jonathan Winer (Alston and Byrd)
Joel Reidenberg (Professor of Law, Fordham Univ.)
Barbara Lawler (Customer Privacy Manager, HP)
Denis Henry (VP, Regulatory Law, Bell Canada)
10:00 AM. The House
Commerce Committee' Subcommittee on Telecommunications and
the Internet will hold a hearing entitled Technology and
Education: A Review of Federal, State, and Private Sector
Programs. Location: Room 2322, Rayburn Building. The
witnesses are:
Kate Moore (USAC)
David Spencer (CEO, Michigan Virtual University)
Dan Domenech (Fairfax County Public Schools)
Dale McDonald (National Catholic Educ. Assoc.)
Judith McHale (President, Discovery Communications)
Hal Krisbergh (CEO, WorldGate Communications)
Rae Grad (PowerUP-Bridging the Digital Divide)
Jennifer House (Classroom Connect)
Emlyn Koster (Liberty Science Center)
10:00 AM. The House
Judiciary Committee will hold a meeting to mark up several
bills, including:
HR 809, a bill to make technical corrections to
various antitrust laws and to references to such laws.
S 320, a bill to make technical corrections in
patent, copyright, and trademark laws.
HR 802, the "Public Safety Officer Medal of
Valor Act".
HR 741, amending the Trademark Act of 1946 to
provide for the registration and protection of trademarks used
in commerce in order to carry out provisions of certain
international conventions.
Location: Room 2141, Rayburn Building.
10:00 AM. The Senate
Judiciary Committee will hold a business meeting.
Location: Room 226, Dirksen Building.
1:30 PM. Jodie Bernstein, Director of the FTC's Bureau of
Consumer Protection, will participate in a panel discussion
titled "E-Commerce: Trends In Consumer Use and Seller
Abuse," sponsored by the Consumer Federation of America.
Location: Washington Plaza Hotel, 10 Thomas Circle NW,
Washington DC. |
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