| 7th Circuit Reverses Class
Certification Order in Sprint Right of Way Case |
8/14. The U.S.
Court of Appeals (7thCir) issued its opinion
in Isaacs
v. Sprint, a case regarding procedure for
certification of classes under FRCP 23. Sprint purchased from
railroads operating in every state of the continental United
States the right to install fiber optic cables on the
railroads' rights of way.
Plaintiffs filed a complaint in the U.S. District Court (SDIll),
seeking class action status on behalf of owners of the land
adjacent to railroad rights of way, asserting that the right
belongs to them, not to the railroads. Plaintiffs requested
damages for alleged conversion. The District Court certified
two plaintiff classes, one consisting of landowners adjacent
to rights of way obtained by condemnation, the other of
landowners adjacent to rights of way obtained by grants of
public land to the railroads. Sprint filed this appeal of the
order of certification. Judge Posner, writing for a three
judge panel, reversed the District Court. |
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| New Documents |
USCA:
opinion
in Isaacs v. Sprint re Wiretap Act, 8/14 (PDF, USCA).
USCA:
opinion
in Isaacs v. Sprint re class certification in case involving
rights of way for fiber optic cable, 8/14 (HTML, USCA).
Microsoft: reply
brief re request for stay in antitrust action, 8/14 (PDF,
USCA). |
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| 9th Circuit Decides Wiretap
Act Case |
8/14. The U.S.
Court of Appeals (9thCir) issued its opinion
[PDF] in Price
v. Turner, a civil suit alleging violation of
the Wiretap Act in connection with the monitoring of cordless
phone conversations. However, since the events giving rise to
this case occurred ten years ago, this appeal was decided
according to state of federal law prior to the 1994 amendments
to the Wiretap Act.
Frank Turner used a radio scanner to listen to and record
conversations of his neighbors who used cordless telephones.
These phones used analog radio signals at fixed frequencies,
and hence, were easy to monitor. He heard discussions of
criminal activities. Turner also informed the El Dorado County
Sheriff's Department, which told him to continue, and provided
him assistance. All of the intercepted phone communications at
issue in this case took place prior to the 1994 amendments to
the Wiretap Act. One person whose conversations he monitored
was Leora Price.
Price filed a civil complaint against Frank Turner and El
Dorado County alleging, among other things, violation of the
Wiretap Act, invasion of privacy, and a civil rights claim
under 42 U.S.C. § 1983. The District Court granted summary
judgment to defendants on all of Price's federal claims. Price
appealed.
The Appeals Court wrote that "At the time of its original
enactment in 1968, the Wiretap Act did not expressly refer to
the monitoring of radio transmissions. When Congress enlarged
the Act's coverage in 1986, Congress explicitly excepted
protection for the 'radio portion of a cordless telephone
communication.' ... It was not until 1994 that Congress
amended the Act to prohibit the interception of cordless
telephone communications." The Appeals Court affirmed. |
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| Wednesday, August 15 |
| 1:00 PM. Privacy groups will hold a press conference on Microsoft
Passport. For more information, contact Chris Hoofnagle, EPIC, at
483-1140 x108. Location: Holeman Lounge, National Press Club, 529 14th
St. NW, 13th Floor, Washington DC. |
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| More News |
8/14. Afilias, the ICANN
designated operator of the .info TLD registry, announced plans
to challenge unqualified sunrise registrations. To qualify for
a sunrise registration, the applicant for a domain name must
have a registered trademark of national effect that was issued
before October 2, 2000, and the trademarked word must exactly
match the domain name. See, ICANN
release.
8/14. Microsoft filed a reply
brief [PDF] with the U.S. Court of Appeals (DCCir)
in support of its motion for stay of mandate pending the
Supreme Court's final disposition of Microsoft's petition for
a writ of certiorari.
8/10. National Telephone
Cooperative Association (NTCA) announced that Darren
Pittman joined its staff as government affairs
representative for financing and economic development. He
previously worked for Sen.
Phil Gramm (R-TX). See, NTCA
release. |
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