| Pitofsky Resigns, Effective
May 31 |
| 5/29. Robert Pitofsky, the outgoing Chairman of the FTC,
wrote a letter
to President Bush in which he stated, "I tender my
resignation as Commissioner and Chairman of the Federal Trade
Commission, effective May 31, 2001." President Bush has
nominated, and the Senate has confirmed, Timothy Muris to
replace him. |
|
|
| ICANN |
| 5/28. The ICANN
published in its web site a document
titled "Discussion Draft: A Unique, Authoritative Root
for the DNS." |
|
|
| Appeals Court Rules in ASC
v. IBM |
| 5/29. The U.S.
Court of Appeals (8thCir) issued its opinion
in American
Shizuki Corp. v. IBM, a case involving a
dispute over IBM's purchase
from ASC of plastic film capacitors to be used by IBM in its
mainframe computers. ASC wanted IBM to purchase more
capacitors manufactured by ASC. However, IBM never promised
that it would purchase any specific quantity of capacitors.
ASC filed a complaint in U.S. District Court (DNeb)
in June 1997 against IBM based upon diversity jurisdiction, in
which it sought $8.5 Million in damages under three theories
of relief: promissory estoppel, negligent misrepresentation,
and fraudulent misrepresentation. The District Court granted
IBM's motion for summary judgment. The Appeals Court affirmed,
two to one. |
|
|
| Federal Circuit Opinions |
5/25. The U.S.
Court of Appeals (FedCir) issued its opinion in SKF USA
v. U.S., an antidumping case involving the
obligation of a court to remand a case to an administrative
agency upon the agency's change in policy or statutory
interpretation. The Appeals Court held that the Court of
International Trade erred in declining to remand the case to
the Department of Commerce, and reversed that court's decision
in SKF USA Inc. v. United States, 77 F. Supp. 2d 1335 (CIT
1999).
5/24. The
U.S. Court of Appeals (FedCir) issued its opinion in Budde
v. Harley Davidson, a patent infringement
case involving fuel injection systems in reciprocating
engines. Budde, the holder of U.S. Patent No. 4,955,348, filed
a complaint for patent infringement in U.S. District Court (NDCal)
against Harley Davidson. The District Court entered a judgment
of non-infringement. The Appeals Court vacated the judgment,
and remanded. |
|
|
| Software Defined Radio |
| 5/29. The NTIA
submitted a reply
comment to the FCC in response to its Notice
of Proposed Rulemaking [PDF] titled "In the Matter of
Authorization and Use of Software Defined Radios". (See,
ET Docket No. 00-47.) |
|
|
| New Documents |
Pitofsky: resignation
letter, 5/29 (HTML, FTC).
ICANN:
discussion
draft re a unique, authoritative root for the DNS, 5/29
(HTML, ICANN).
Jackovich:
speech
re global corruption, 5/29 (HTML, State).
USCA:
opinion
in American Shizuki Corp. v. IBM, 5/29 (HTML, USCA). |
|
|
|
| Globalization, Internet,
and Government Corruption |
5/29. A conference titled "Global Forum on Fighting
Corruption and Safeguarding Integrity" is being held from
May 28 through 31 at the Ministry of Justice in Hague,
Netherlands. U.S. Ambassador Victor Jackovich gave a speech
on May 29 in which he addressed the role of globalization, the
Internet and electronic funds transfers in government
corruption.
Jackovich stated that globalization, which he defined as
"more rapid communication, easier international travel
and more technological innovation -- has given the purveyors
of crime and corruption some potent tools. For this reason,
corruption and criminality can permeate an entire state
apparatus and present formidable cross-border threats."
He continued that "the stability and security of the most
vulnerable of states is of vital interest to the stability and
security of the entire international community. We are only as
strong as our weakest link. In our modern age of instant
transference of funds and rapid exchange of information via
the Internet, the world's inter- connectivity has grown and
developed at a pace never before experienced. Even if we
wanted, we could not consign criminality and corruption to
certain states or societies and give as the excuse that these
problems are endemic or natural in those parts of the world.
Under these circumstances, it is clear that we must work
together ..."
Jackovich is the Associate Director of the George Marshall
European Center for Security Studies in Garmisch-
Partenkirchen, Germany. See also, statement
by President Bush and statement
by Paula Dobriansky, Under Secretary of State for Global
Affairs. |
|
|
| Web Sites and Broker Dealer
Registration |
| 5/24. The SEC issued an
administrative cease
and desist order against Paul Nortman in connection with
his operation of Livetrade.com,
an online trading software provider. The SEC determined that
Livetrade.com acted as an unregistered broker- dealer in
violation of Section 15(a) of the Exchange Act. See, SEC
release. |
|
|
| Computer and Internet
Crimes |
5/29. A grand jury of the U.S. District Court (NDCal)
returned an indictment
[PDF] against Robert Robb charging 10 counts of wire fraud in
violation of 18 U.S.C. § 1343 and one count extortion in
violation of 18 U.S.C. § 875(b). The indictment states that
Robb made false statements to investors regarding his online
gambling companies, Junglegames.com and Millennium Networks,
which made multplayer gambling games that could be played at
casinos, or over the Internet. Among the false representations
was that Microsoft President Steve Ballmer had agreed to pay
$50 Million for patents to the games. The false statements
were made "by means of wire communication in interstate
commerce" -- i.e., by e-mail. AUSA
David Callaway is the Assistant U.S. Attorney prosecuting the
case. See, release.
5/24. The U.S. District Court (NDCal)
sentenced Roger Guerroro to one year in prison for using a
computer in interstate commerce in an attempt to coerce and
entice a minor to engage in illegal sexual acts in violation
of 18 U.S.C. § 2422(b). Guerrero will also be subject to
restrictions, including prohibitions on unsupervised use of
computers or the Internet. See, indictment
[PDF] and release. |
|
|
|
| R&D Tax Credit |
| 5/29. The Conference Report on HR 1836, the Economic Growth
and Tax Relief Reconciliation Act, which passed the House on
May 25, and the Senate on May 26, does not contain
language making the research and development tax credit
permanent. An earlier Senate version of the bill did include
this provision. There are also stand alone bills pending in
the House and Senate that would permanently extend the R&D
tax credit. See, S 41
and HR
41, so numbered because they would amend Section 41 of the
Internet Revenue Code. See also, S 515
and HR
1137. |
|
|
| Today |
9:00 AM. Secretary of Commerce Donald Evans will speak at
the National Economic Development Forum Location: Washington
Hilton and Towers, International Ballroom, 1919 Connecticut
Ave., NW, Washington DC. See, release.
2:30 PM. The Jonathan Zuck, President of the Association for
Competitive Technology, Boyden Gray, of Wilmer Cutler & Pickering,
and Lars Liebeler, Antitrust Counsel for the Computing
Technology Industry Association (CompTIA), will host a
conference call regarding the report
[PDF] issued by ProComp
on May 15 which alleges that " Microsoft has ...
introduced a series of business initiatives that put Microsoft
in a position to extend its monopoly to the Internet
itself."
5:30 - 7:30 PM. The Federal
Communications Bar Association's Common Carrier Practice
Committee will host a CLE Seminar titled Telecom 201.
The scheduled speakers are Cheryl Tritt (Morrison & Foerster),
Charles Kennedy (Morrison & Foerster), Jane Jackson (Chief
of the FCC's Competitive
Pricing Division), John Nakahata (Harris Wiltshire &
Grannis), Kathy Levitz (BellSouth), and
Jeffrey Linder (Wiley Rein &
Fielding). The price to attend is $60 (members) or $80
(non-members). RSVP to Arlice Johnson at arlice@fcba.org. Location:
Wiley Rein & Fielding, 10th Floor Conference Room, 1750 K
Street, NW, Washington DC.
Deadline to file reply comments with the FCC in
response to its Notice
of Proposed Rulemaking (NPRM) regarding revisions to the
method of subsidizing schools and libraries under its e-rate
program when there is insufficient funding to support all
requests. See, Federal Register, May 8, 2001, Vol. 66, No. 89,
at Pages 23204 - 23208. |
|
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