| Rep. Stearns Introduces
Spectrum Caps Bill |
7/17. Rep. Clifford
Stearns (R-FL) introduced HR 2535, a bill pertaining to
the amount of spectrum that may be licensed to wireless
carriers. It was referred to the House Commerce Committee,
of which Rep. Stearns is a member. FCC rules prohibit a single
entity's interests in the licenses of broadband PCS,
cellular, and SMR services
from cumulatively exceeding more than 45 MHz of spectrum
within the same geographic area.
Rep. Stearns stated in a release
that "The current 45 MHz spectrum cap is beginning to
impact innovation and competition in the wireless industry.
... The cap now works to limit competition by denying wireless
providers access to open markets, thereby denying consumers
the benefits that arise from additional competition, such as
lower prices and innovative services. Additionally,
continuation of the spectrum cap will result in the continued
lag of U.S. companies behind Europe and Japan in the
deployment of wireless Third Generation technologies." |
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| Bills Introduced on Media
Ownership |
7/17. Sen. Ernest
Hollings (D-SC), Sen.
Daniel Inouye (D-HI), and Sen. Byron Dorgan (D-ND)
introduced S 1189, a bill to require the FCC to amend its
daily newspaper cross ownership rules. It was referred to the
Senate Commerce Committee; all three are members. Sen.
Hollings stated that "This legislation is necessary to
stem the tide toward concentration in the broadcast and
newspaper industries and force a thorough and reasoned
examination of the claims that further consolidation will
serve the public interest."
7/17. In contrast, Rep.
Clifford Stearns (R-FL) introduced HR 2536, a bill to
amend the Communications Act of 1934 to reduce restrictions on
media ownership. This bill was referred to the House Commerce
Committee. |
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| Bill Would Allow Media
Coverage of Courts |
| 7/17. Rep. Steve
Chabot (R-OH) and Rep.
Bill Delahunt (D-MA) introduced HR 2519 a bill to allow
media coverage of court proceedings. It was referred to the
House Judiciary Committee. |
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| Napster News |
| 7/18. The U.S. Court
of Appeals (9thCir) issued an order stating the order of
July 12 of the U.S. District Court (NDCal)
in A&M Records v. Napster is "stayed pending a
further order of this court." The stayed order had
required that Napster block all songs that had been identified
as copyrighted. The RIAA's
Cary Sherman had this reaction: "We are confident that
after a thorough review, the Ninth Circuit Court of Appeals
will uphold Judge Patel's decision. The evidence in this case
clearly shows that Napster has not done all it can to police
its system. The Ninth Circuit Court has previously ruled that
Napster's conduct required an injunction and we expect them to
do so again after a full review of the facts. It is important
to note that today's ruling does not change in any way the
fact that Napster must prevent copyrighted works from
appearing on its system as previously ordered by the
Court." See, RIAA release. |
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| New Documents |
Microsoft: petition
for rehearing in antitrust case, 7/18 (HTML, MSFT).
USCA:
opinion
in Bock v. CAI re construction of severance agreement, 7/18
(HTML, USCA).
USAO:
criminal
complaint in USA v. Sklyarov, 7/7 (PDF, USAO).
Powell:
speech
re digital divide and digital development, 7/18 (HTML, FCC).
NCTA:
report
on cable telephony, 7/17 (PDF, NCTA).
Sachs:
speech
on cable broadband and open access, 7/17 (PDF, NCTA).
Bush:
speech
re trade, 7/17 (HTML, WH). |
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| 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.
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Contact: 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. |
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| DMCA Anti Circumvention
Criminal Case |
7/17. The U.S. Attorney's Office (NDCal)
charged Dmitry Sklyarov by criminal
complaint [PDF] with one count of trafficking in a product
designed to circumvent copyright protection measures in
violation of the Digital Millennium Copyright Act (DMCA), at 17
U.S.C. § 1201. The complaint states that Sklyarov
developed for sale and distribution a program that can convert
Adobe's eBooks into naked files that can be read, copied, and
stored on any computer.
Adobe Systems makes the eBook
Reader, a program which can read books in an electronic
format named eBook. The program is downloadable at Adobe's web
site. Users can then purchase encrypted electronic books in
eBook format from online bookstores, such as Amazon.com, and
read them with the eBook Reader. The books are encrypted to
protect copyright interests.
An affidavit of an FBI Agent made a part of the complaint
states that "Adobe is being victimized by a Russian
company name Elcomsoft. Elcomsoft is distributing a key over
the Internet in the form of a software program that illegally
unlocks copyright protections on the e-Book files. This
unlocking key is available for purchase on the Internet at http://www.elcomsoft.
com/aebpr.html. The commercial name given by Elcomsoft to
this unlocking key program is Advanced eBook Processor (AEBPR)."
The affidavit further states that Sklyarov was scheduled to
speak on July 15 at a hacker conference titled Defcon 9 in Las
Vegas, Nevada.
The Department of Justice stated in a release
that Sklyarov was arrested, and "made his initial
appearance in federal court in Las Vegas, yesterday, July 16,
2001. Mr. Sklyarov was detained without bail and ordered
removed to the Northern District of California. No dates have
been set for the defendant's next appearance."
See also, USAO
release.
Elcomsoft's web site states that Sklyarov is an employee of
the company, and that he developed the AEBPR. The web site is
also still selling the AEBPR.
The Statute: Anti Circumvention. 17 U.S.C. §
1201(a)(1)(A) provides, in part, that "No person shall
circumvent a technological measure that effectively controls
access to a work protected under this title." 17 U.S.C.
§ 1201(b)(1) provides that "No person shall manufacture,
import, offer to the public, provide, or otherwise traffic in
any technology, product, service, device, component, or part
thereof, that (A) is primarily designed or produced for the
purpose of circumventing protection afforded by a
technological measure that effectively protects a right of a
copyright owner under this title in a work or a portion
thereof; (B) has only limited commercially significant purpose
or use other than to circumvent protection afforded by a
technological measure that effectively protects a right of a
copyright owner under this title in a work or a portion
thereof; or (C) is marketed by that person or another acting
in concert with that person with that person's knowledge for
use in circumventing protection afforded by a technological
measure that effectively protects a right of a copyright owner
under this title in a work or a portion thereof.
The Statute: Criminal Penalties. 17
U.S.C. § 1204 provides, in part, that "Any person
who violates section 1201 or 1202 willfully and for purposes
of commercial advantage or private financial gain (1) shall be
fined not more than $500,000 or imprisoned for not more than 5
years, or both, for the first offense; and (2) shall be fined
not more than $1,000,000 or imprisoned for not more than 10
years, or both, for any subsequent offense." |
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| Bock v. Computer Associates |
| 7/18. The U.S. Court
of Appeals (7thCir) issued its opinion
in Bock
v. Computer Associates, an ERISA case involving
a severance pay agreement for executives of a software
company. The Plaintiff, Kevin Bock, was an employee of
Platinum Technology, a software company acquired by Computer Associates International
(CAI). There was a severance agreement that provided that
employees would receive "aggregate severance pay"
consisting of a "bonus amount" added to twice the
sum of their highest base salary plus their highest 12-month
amount of "incentive compensation." In 1998, Bock
had a salary of $145,000 and commissions of $674,333. When CAI
bought Platinum in 1999 it terminated Bock, and gave him
severance pay of $290,00, or twice his salary. Bock filed a
complaint to enforce the severance agreement, asserting that
commissions constituted "incentive compensation."
The U.S. District Court (NDIll) entered judgment for Bock. CAI
appealed. Vacated and remanded. |
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| Compaq Group Fined by FEC |
| 7/18. The Federal Election
Commission (FEC) made public its disposition of its self
initiated review of the Compaq Citizenship Fund's (CCF)
failure to timely file a disclosure report, as required by the
Federal Election Campaign Act. The FEC and CCF reached a
conciliation agreement under which the CCF will pay a $2,300
civil penalty. The Compaq Citzenship Fund is connected with Compaq Computer Corporation.
See, FEC
release. (FEC MUR 5193.) The Treasurer is Michele
Blair. |
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| Microsoft Seeks Rehearing
on Single Issue |
| 7/18. Microsoft filed a Petition
for Rehearing with the U.S. Court of Appeals (DCCir)
in Microsoft v. USA on the sole issue of commingling of
certain software code specific to web browsing with software
code used for other purposes in certain files in Windows 98.
Microsoft stated that the June 28 opinion
of the U.S. Court of Appeals "accepted the district court’s
conclusion that such "commingling" had occurred and
that it violated Section 2 of the Sherman Act. The Court’s
ruling with regard to "commingling" of software code
is important because it might be read to suggest that OEMs
should be given the option of removing the software code in
Windows 98 (if any) that is specific to Web browsing. ... The
Government, however, did not seek such relief on appeal." |
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| Thursday, July 19 |
10:00 AM. The Senate
Banking Committee will hold a hearing on the nomination of
Harvey Pitt to be Chairman of the Securities and
Exchange Commission. Location: Room 538, Dirksen Building.
10:00 AM. The Senate
Judiciary Committee will hold a business meeting. The
agenda includes many items, including consideration of the
nomination of Ralph Boyd to be Assistant Attorney
General for the Civil Rights Division, and the nomination of Robert
McCallum to be Assistant Attorney General for the Civil
Division. The agenda also includes mark up several bills,
including S
407, the Madrid Protocol Implementation Act, a bill to
amend the Trademark Act of 1946 to provide for the
registration and protection of trademarks in order to carry
out provisions of certain international conventions. Location:
Room 226, Dirksen Building.
10:00 AM. The House
Judiciary Committee will hold a mark up session. The
agenda includes HR 2047, the Patent and Trademark Office
Authorization Act of 2002. Location: Room 2141, Rayburn
Building.
2:00 PM. The Senate
Appropriations Committee will hold a business meeting to
mark up the Commerce, Justice, and State, the Judiciary, and
related agencies appropriation bills. Location: Room S-128,
U.S. Capitol Building. |
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| Friday, July 20 |
8:00 AM. FTC Chairman Timothy Muris will speak at the
National Chamber Foundation Democratic Privacy Retreat.
Location: Lansdowne Resort, Leesburg, Virginia.
9:30 AM. The House
Commerce Committee's Subcommittee on Telecommunications
and the Internet will hold a a hearing titled "An
Examination of the Entertainment Industry's Efforts to Curb
Children's Exposure to Violent Content ." The scheduled
witnesses are: Lee Peeler (FTC), Douglas Lowenstein
(Interactive Digital Software Association), Jack Valenti
(Motion Picture Association of America), Hilary Rosen
(Recording Industry Association of America), Doug McMillon
(Wal-Mart Stores), and Daphne White (The Lion & Lamb
Project). Location: Room 2322, Rayburn Building. |
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| More News |
7/18. The House passed HR
2500, the FY 2002 appropriations bill for the Departments
of Commerce, Justice, and State, for the Judiciary, and for
related agencies, including the FCC, FTC, and SEC.
7/17. The Senate
Commerce Committee approved new subcommittee assignments
for the Committee. The Subcommittee on Communications is
chaired by Sen. Daniel Inouye (D-HI). The other Democratic
members are Sens. Ernest Hollings (SC), John Kerry (MA), John
Breaux (LA), John Rockefeller (WV), Byron Dorgan (ND), Ron
Wyden (OR), Max Cleland (GA), Barbara Boxer (CA), John Edwards
(NC), and Jean Carnahan (MO). The ranking Republican is Sen.
Conrad Burns (R-MT). The other Republicans on the Subcommittee
are Sens. Ted Stevens (AK), Trent Lott (MS), Kay Hutchison
(TX), Olympia Snowe (ME), Sam Brownback (KS), Gordon Smith
(OR), Peter Fitzgerald (IL), John Ensign (NV), and George
Allen (VA). See, release.
7/18. The FCC adopted its
Sixth Annual Report on the state of competition in the
wireless marketplace. See, FCC
release.
7/18. FCC Chairman Michael Powell gave a speech
to the Tenth African Telecommunications and Information
Technology Conference (AFCOM 2001) in Arlington, Virginia. He
spoke about digital divides and digital development. AFCOM
opened its three day conference on July 18.
7/18. Federal Reserve
Chairman Alan Greenspan appeared before the House Financial
Services Committee to present the Federal Reserve's semiannual
report on monetary policy. He provided an assessment of the
current economic situation, with particular attention to the
technology sector. See, prepared
testimony and semiannual
report.
7/18. AT&T's Board of Directors voted unanimously to
reject Comcast's proposal to acquire AT&T
Broadband. See, AT&T
release. |
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