| Public Opinion on Privacy |
5/8. The House
Commerce Committee's Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing titled Opinion Surveys:
What Consumers Have To Say About Information Privacy. Rep. Cliff Stearns
(R-FL), the Chairman of the Subcommittee, presided. He stated
that "If the public opinion polls suggest one thing, it
is that the American public's encounter with the issues of
information privacy is as complex as the issue itself."
Frank Newport of Gallup testified that "Our conclusion is
that this is an issue which is of significant potential
concern, but one which has not yet moved to the point where it
is a currently front-burner problem to many Americans who
regularly use the Internet." Harrison Rainie of Pew
testified that Internet users "would like the presumption
of privacy when they are online; they want to be asked before
information is gathered or disseminated. They want rules, but
they have no clear preference for government standards or
industry self-regulation." See, prepared statements of
witnesses: Frank
Newport (Gallup Poll), Harrison
Rainie (Pew Internet & American Life Project), Alan
Westin (Columbia University), Humphrey
Taylor (Harris Interactive), and Sandra
Bauman (Wirthlin Worldwide). |
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| Costs of Complying with
Privacy Legislation |
| 5/8. Robert Hahn, Director of the AEI-Brookings Joint
Center for Regulatory Studies, presented a study [PDF]
titled "An Assessment of the Costs of Proposed Online
Privacy Legislation" at a luncheon on Capitol Hill hosted
by the Association
for Competitive Technology (ACT). Hahn estimated the costs
of some aspects of proposed online privacy legislation and
concluded that the costs to online businesses of complying
"could be in the billions, if not tens of billions of
dollars." He also argued that "further regulation of
online privacy is premature for three reasons. First, the
costs could be substantial. Second, I am not aware of any good
quantitative estimates of the benefits of such regulation.
Third, the market is reacting to ensure that at least some of
the consumer concerns related to online privacy are being
addressed." Hahn conceded that over time compliance costs
could decrease. He also stated that it is possible that the
electronic economy is being held back by individuals' fears of
loss of privacy. See also, summary
of study and ACT
release. |
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| Privacy Commission |
| 5/8. The House Reform
Committee's Subcommittee on Government Efficiency,
Financial Management adopted HR
583, the Privacy Commission Act, by a voice vote. The bill
would create a 17 member commission to study privacy issues,
and then issue a report within 18 months. It is sponsored by Rep. Asa Hutchinson
(R-AR), Rep. James Moran (D-VA), and others. |
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| Financial Privacy Rules |
| 4/30. The U.S.
District Court (DDC) issued its order and opinion [PDF]
in IRSG
v. FTC upholding the FTC's regulations that
require information brokers and credit reporting agencies to
offer individuals notice and an opportunity to opt-out before
selling their names, addresses, and Social Security numbers. Individual Reference Services
Group, a trade association that represents credit
reporting agencies and others, and Trans Union, a credit reporting
agency, filed a complaint in U.S. District Court against the
FTC and other financial regulatory agencies seeking judicial
review of the regulations promulgated by the FTC pursuant to Title V
[PDF] of the Gramm
Leach Bliley Act (GLBA). Title V pertains to the
disclosure on nonpublic personal information, and authorizes
the FTC to promulgate implementing regulations. Plaintiffs
argued that the FTC's regulations were illegal under the GLBA,
arbitrary and capricious, and unconstitutional (speech, due
process, Fifth Amendment equal protection). The District
Court, in ruling on cross motions for summary judgment,
rejected all of plaintiffs' arguments. |
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| New Documents |
USDC:
opinion
in IRSG v. FTC upholding GLBA regulations, 4/30 (PDF, USDC).
Hahn:
study
re costs of complying with privacy legislation, 5/7 (PDF,
ACT).
USCA:
opinion
in USA v. Hitt re criminal prosecution involving export
controls, 5/8 (HTML, USCA).
USCA:
opinion
in Allard v. Advanced Programming Resources re trademark
infringement, 5/8 (HTML, USCA). |
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| Trademark |
| 5/8. The U.S.
Court of Appeals (6thCir) issued its opinion
in Allard
v. Advanced Programming Resources, an appeal
from a judgment in a trademark infringement case on a
number of issues. Both parties claim the exclusive right to
use the mark "APR". The Appeals Court concluded that
the District Court did not err in granting a new trial but did
err in permitting defendants to amend their counterclaim to
request cancellation of plaintiff's federal registration. The
Appeals Court reversed the cancellation of plaintiff's
registration. The Appeals Court affirmed the conclusion that
defendants have the exclusive right to use the mark in central
Ohio. The Appeals Court remanded to evaluate the parties'
rights to use the mark on the Internet, throughout Ohio and
throughout the U.S. |
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| Export Controls |
| 5/8. The U.S.
Court of Appeals (DCCir) issued its opinion
in USA
v. Hitt, a criminal case involving allegations
of fraudulent misrepresentations made to the Department of
Commerce in connection with the sale by McDonnell Douglas to
the People's Republic of China of machinery that was subject
to export controls. The District Court ruled that the
charges were barred by the statute of limitations. The
Appeals Court affirmed. |
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| Stock Options |
| 5/8. The U.S.
Court of Appeals (9thCir) issued its opinion
in Scribner
v. WorldCom, a case construing the meaning of
the words "termination without cause" mean in the
context of a stock option contract between an employer and
employee. |
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| Fast Track |
5/8. USTR Robert Zoellick
testified before the House
Ways and Means Committee's Trade Subcommittee. He
advocated fast track trade negotiating authority. He stated:
"The Bush Administration's top trade priority is for the
Congress to enact U.S. Trade Promotion Authority by the end of
the year. Under this authority, the executive branch would be
bound by law to consult regularly and in detail with members
of Congress as trade agreements are being negotiated. But once
that long and exhaustive process of consultations is
completed, and the painstaking negotiations have ended in an
agreement, our trading partners have the right to know that
Congress will vote on the agreement up or down. Indeed, in the
absence of Trade Promotion Authority, which expired in 1994,
other countries have been reluctant to close out complex and
politically sensitive trade agreements with the United
States." See, prepared
testimony.
See also, statements of Rep.
James Moran (D-VA) and ERep.
Ellen Tauscher (D-CA), and prepared testimony of other
witnesses: Loren
Yager (GAO), Richard
Fisher (former Deputy USTR), John
Sweeney (AFL/CIO), Franklin
Vargo (NAM), Daniel
Price (U.S. Council for International Business), William
Gambrel (U.S. Chamber of Commerce), Marta
Lucía Ramirez de Rincón (Minister of Foreign Trade,
Colombia), Ana
Maria Solares (Vice-Minister of Trade and Economics,
Bolivia), Carlos
Moore (American Textile Manufacturers Institute), Stephen
Lamar (American Apparel and Footwear Association). |
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| E-Rate |
| 5/8. The FCC published a Notice
of Proposed Rulemaking (NPRM) in the Federal Register
regarding revisions to the method of subsidizing schools and
libraries under its e-rate program when there is insufficient
funding to support all requests. Comments are due by May 23,
2001. Reply comments are due by May 30, 2001. See, Federal
Register, May 8, 2001, Vol. 66, No. 89, at Pages 23204 -
23208. |
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| More News |
5/8. The FTC held the second day
of two day workshop on competition issues that arise in
connection with business to business (B2B) and business to
consumer (B2C) e-commerce. See, release.
5/8. The Senate
Judiciary Committee postponed its hearing on patents
relating to genetics and biotechnology. No future date has
been scheduled. The Committee is also scheduled to hold a
hearing on May 15 titled "High Technology Patents I:
Business Methods and the Internet."
5/8. The FCC announced
that it adopted a Notice of Proposed Rulemaking (NPRM) Notice
of Proposed to explore ways to reform the existing universal
service fund (USF) subsidy system. See, release. |
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| Today |
Day three of a three day conference hosted by the
Electronics Industry Alliance (EIA). See, EIA conference web
site and agenda.
Location: Grand
Hyatt Hotel, 1000 H Street NW, Washington DC.
9:30 AM. The U.S.
Court of Appeals (DC Cir) will hear oral argument in Qwest
v. FCC, Appeal No. 00-1376. Judges Williams, Ginsburg, and
Rogers will preside.
10:00 AM. The House
Commerce Committee will meet to mark up HR
1542, "The Internet Freedom and Broadband Deployment
Act of 2001." Location: Room 2123, Rayburn Building.
12:00 NOON. The Congressional Internet Caucus Advisory
Committee will host a panel discussion titled "Sex, Hate
and Kids Online: Policy Options for the Internet." The
scheduled speakers include Sen. Mary Landrieu (D-LA), Rep.
Jennifer Dunn (R-WA), Don Telage (COPA Commission), Jerry
Berman (COPA Commission), Bob Flores (COPA Commission), Larry
Magid (LA Times Columnist), Michael Hiembach (FBI), Robin
Raskin (Family PC Magazine). Lunch will be served. RSVP to RSVP@netcaucus.org or
call Danielle at 202-638-4370. Location: Room HC-5, U.S.
Capitol Building. |
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| Thursday, May 10 |
Deadline to submit reply comments in response to the
FCC's request
for comments [PDF] on five reports that it has received
regarding the potential for ultra-wideband (UWB)
transmission systems to cause harmful interference to other
radio operations. UWB devices, which use very narrow
pulses with very wide bandwidths, have potential applications
in both radar and communications technologies.
9:00 AM. The House
Judiciary Committee will hold a hearing on HR 718, the
Unsolicited Commercial Electronic Mail Act of 2001, and HR
1017, the Anti-Spamming Act of 2001. Location: Room 2141,
Rayburn House Office Building.
9:30 AM. The Federal
Communications Commission will hold a meeting. Location:
Commission Meeting Room, 445 12th Street, SW, Washington DC.
The agenda includes:
• Universal Service. The FCC will consider a
Fourteenth Report and Order and Twenty-First Order on
Reconsideration in CC Docket No. 96-45 and a Report and Order
in CC Docket No. 00-256 concerning a proposal to reform
federal high-cost universal service support mechanisms for
rural carriers.
• Removed from Agenda.
Cross-Ownership of Broadcast Stations and
Newspapers. The FCC will consider a NPRM proposing to modify,
eliminate, or retain its rule that prohibits common ownership
of broadcast stations and newspapers within the same
geographic area. (MM Docket No. 96-197)
• Spread Spectrum Devices. The FCC will
consider a Further NPRM proposing changes to remove
unnecessary regulatory barriers to the introduction of new
wireless devices using spread spectrum and other digital
technologies. The FCC will also review the staff's denial of
an application for equipment certification filed by Wi-LAN,
Inc. (ET Docket No. 99-231.)
9:30 AM. The Senate
Banking Committee will hold a hearing on several
nominations, and a vote on several others. A hearing will be
held on the nominations of John Robson (President of
the Export-Import Bank), James Jochum (Asst. Sec. of
Commerce for Export Administration), and Peter Fisher
(Undersecretary of the Treasury for Domestic Finance). Votes
will be held on the nominations of Grant Aldonas (Undersecretary
of Commerce for International Trade), Kenneth Juster
(Undersecretary of Commerce for Export Administration), and
Location: Room 538, Dirksen Senate Office Building.
10:00 AM. The Senate
Judiciary Committee will hold an executive business
meeting. The agenda may include a vote on the nomination of
Charles James to be Assistant Attorney General in charge of
the Antitrust Division. Location: Room 226, Dirksen Senate
Office Building.
11:00 AM. The House
Judiciary Committee's Subcommittee on the Courts, the
Internet, and Intellectual Property will hold a hearing titled
"Patents: Improving Quality and Curing Defects."
Location: Room 2141, Rayburn House Office Building.
FCC Commissioner Harold Furchtgott-Roth will be luncheon
keynote speaker for the Federal Asian Pacific American Council
Conference Congressional Seminar. Location: Russell Senate
Office Building, Caucus Room, Washington DC. |
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