| Supreme Court Limits Scope
of Review in Eldred Case |
2/25. The Supreme
Court issued an order in Eldred
v. Ashcroft limiting the issues to be reviewed
by the Supreme Court. This is a constitutional challenge to
the Copyright Term Extension Act, which retroactively extended
the maximum duration of copyrights from 75 to 95 years. The
Supreme Court granted certiorari on February 19, without
limiting the scope of the Court's review. See, February 19,
2002, Order
List [PDF], at page 3. Then, on February 25, the Court
released a second order that states that "The order
granting the petition for a writ of of certiorari is amended
to read as follows: The petition for a writ of certiorari is
granted limited to Questions 1 and 2 presented by the
petition." See, February 25, 2002, Order
List [PDF], at page 2.
Scope of Review. The Petition
for Writ of Certiorari lists three questions: "Did
the D.C. Circuit err in holding that Congress has the power
under the Copyright Clause to extend retrospectively the term
of existing copyrights? Is a law that extends the term of
existing and future copyrights “categorically immune from
challenge[] under the First Amendment”? May a circuit court
consider arguments raised by amici, different from
arguments raised by a party, on a claim properly raised by a
party?" Hence, the Court will review the constitutional
questions, but not the procedural question regarding amicus
curiae briefs.
Background. Plaintiffs filed a complaint (see, Second
Amended Complaint) in U.S.
District Court (DC) against former Attorney General Janet
Reno seeking a declaration that the Copyright
Term Extension Act (CTEA) is unconstitutional, and an
injunction against enforcement of the No
Electronic Theft Act (NET ACT) against violators of the
CTEA. The CTEA, passed in the 105th Congress (1997-1998),
retroactively extended the maximum duration of copyrights from
75 to 95 years. The U.S. District Court (DC) granted summary
judgment denying relief to the plaintiffs. The Court wrote a
short memorandum
explaining its ruling.
The U.S. Court of
Appeals (DCCir) issued its opinion
affirming the District Court on February 16, 2001. Chief Judge
Douglas
Ginsburg wrote the opinion; Karen Henderson joined; and David
Sentelle dissented. The Court of Appeals denied
plaintiffs' petition for rehearing en banc on July 13, 2001.
Sentelle and David Tatel dissented. See, opinion.
See also, brief
[PDF] of the government opposing certiorari, and plaintiffs' reply
brief. See also, Berkman
Center case summary and TLJ
case summary. |
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| Supreme Court Denies Cert
in Zoning Case Involving Webcasting |
| 2/25. The Supreme
Court denied a petition for writ of certiorari in Tampa
v. Voyeur Dorm, a municipal zoning case
involving the operation of a pormographic web site. Voyeur
Dorm operates a web site that webcasts the activities of five
women in a house located in the City of Tampa. Tampa alleged
that this violates the Tampa City Code prohibition on the
operation of an adult entertainment establishment in a
residential neighborhood. The U.S. District Court (MDFl)
held for Tampa. The U.S.
Court of Appeals (11thCir) reversed. The Supreme Court
denied certiorari, without opinion. See, February 25, 2002, Order
List [PDF], at page 2. |
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| Company Fined for Illegal
Encryption Exports |
| 2/25. The Commerce Department's Bureau of Export Administration
(BXA) announced that it imposed a $95,000 civil penalty on
Neopoint, Inc. to settle allegations that it exported
encryption software to South Korea in violation of U.S. export
control laws. The BXA stated in a release
that "on ten occasions between March 1998 and June 1999,
Neopoint exported 128-bit encryption software to two firms in
South Korea without the required export licenses. In all but
one of these shipments, BXA alleged that Neopoint knew that an
export license was required." |
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| Insider Trading |
2/25. The Securities and
Exchange Commission (SEC) filed a complaint
in U.S.
District Court (CDCal) against John Cassese alleging
violation of federal securities laws in connection with his
insider trading in the securities of Data Processing Resources
Corporation (DPRC). Cassese is the Chairman and President of Computer Horizons
Corporation, which provides temporary staffing of computer
and information technology personnel.
Compuware acquired
DPRC in 1999. The complaint states that "After learning
of Compuware's intention to acquire DPRC, Cassese, on June 22,
1999, purchased 15,000 shares of DPRC stock. On June 24, 1999,
Compuware and DPRC publicly announced the tender offer in a
press release. Later that day, Cassese sold the 15,000 shares
realizing a profit of $150,937.50."
The SEC simultaneously settled the case. It stated in a release
that "Without admitting or denying the allegations in the
complaint, Cassese consented to the entry of a final judgment
that would permanently enjoin him from future violations of
Section 14(e) of the Exchange Act and Rule 14e-3 thereunder.
Cassese also agreed to disgorge $150,937.50 in ill gotten
gains, plus prejudgment interest, and will pay a civil penalty
of $150,937.50." |
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| Trade News |
2/25. The Progressive
Policy Institute (PPI) a Democratic think tank released a memorandum
titled "Trade Debate in the Senate". The memo, which
discusses issues faced by the Senate in its upcoming
consideration of fast track legislation, was written by Edward
Gresser.
2/25. President Bush announced that Commerce Secretary Donald
Evans will lead a trade delegation to Beijing and
Shanghai, PR China, on April 21-25, 2002. See, DOC
release. |
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| People and Appointments |
| 2/25. Federal Bureau of
Investigation (FBI) Director Robert Mueller announced the
appointment of Special Agents in Charge of FBI field offices
in Columbia (SC), Jacksonville (FL), Los Angeles, Milwaukee,
New York, Philadelphia, Springfield (IL), and Tampa. See, FBI
release. |
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| Groups Criticize Export of
Electronic Waste |
2/25. A group named the Basel
Action Network (BAN) released a report
[caution: this PDF file is a very long download] condemning
the practice of exporting old computer equipment to Asian
countries for recycling.
The report asserts that "Electronic waste or E-waste is
the most rapidly growing waste problem in the world. It is a
crisis not only of quantity but also a crisis born from toxic
ingredients -- such as the lead, beryllium, mercury, cadmium,
and brominated flame retardants that pose both an occupational
and environmental health threat. But to date, industry,
government and consumers have only taken small steps to deal
with this looming problem."
The report further states that "Rather than having to
face the problem squarely, the United States and other rich
economies that use most of the world's electronic products and
generate most of the E-Waste, have made use of a convenient,
and until now, hidden escape valve -- exporting the E-waste
crisis to the developing countries of Asia.
The report recommends that the U.S. ban "exports of
E-wastes that are hazardous wastes including computer
monitors, whole computers, and circuit boards." It also
recommends that "all computer monitors, television sets,
and other electronic devices containing hazardous materials
must be clearly labeled to identify environmental hazards and
proper materials management." It also recommends that
equipment manufacturers be required to "take back"
their products, free of charge.
BAN describes itself as an "international network of
activists seeking to put an end to economically motivated
toxic waste export and dumping -- particularly hazardous waste
exports from rich industrialized countries to poorer, less
industrialized countries". It seeks to end "toxic
colonialism". BAN stated also that the report was
prepared by BAN and the Silicon
Valley Toxics Coalition, with contributions from Toxics
Link India, a Pakistani group called SCOPE, and Greenpeace
China. |
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| Senate to Hold Hearing on
Digital Divide |
2/25. The Senate
Commerce Committee's Science, Technology, and Space
Subcommittee will hold hearing on February 27 on S
414, the NTIA Digital Network Technology Program Act. This
bill would authorize $250 Million per year for five years for
a grant program to promote digital network technologies. It
would be administered by the National Telecommunications
and Information Administration (NTIA).
The bill is sponsored by Sen.
Max Cleland (D-GA), a member of the Committee. It is
cosponsored by Sen.
Ernest Hollings (D-SC), the Chairman of the Committee, and
by others. It would amend the National Telecommunications and
Information Administration Organization Act, 47 U.S.C.
§ 901, et seq.
Sen. Cleland stated in the Senate on February 28, 2001 that
"last October the U.S. Department of Commerce published
its latest report on Internet access in the United States.
According to the Department's Falling
Through the Net: Toward Digital Inclusion, more Americans
than ever are connected to the Internet and groups that have
traditionally been digital ``have nots´´ are making
significant gains. Although a record number of Americans have
Internet access, the report concludes that a ``digital divide´´
still exists ``between those with different levels of income
and education, different racial and ethnic groups, old and
young, single and dual-parent families, and those with and
without disabilities.´´ "
Sen. Cleland continued that "Now more than ever it is
critical that all Americans have the tools necessary for full
participation in the Information Age economy. However, the
Commerce report finds that in some cases, the digital divide
has expanded over the last 20 months." See, Cong. Rec.,
Feb. 28, 2001, at S1705.
Adam Theier
and Lucas Mast of the Cato
Institute wrote in a commentary to be released on February
27 that "the current story of computer use and Internet
diffusion continues to be nothing short of amazing" when
compared to the much slower adoption of other technologies,
such as telephones, electricity, and radio. They state that
the NTIA's annual Falling Through the Net reports are the
"silliest Chicken Little crusade of all time". |
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| More News |
2/25. The U.S.
Court of Appeals (3rdCir) issued its opinion
in Citizens
Financial Group v. Citizens National Bank, a
case involving allegations of trademark infringement and
unfair competition under the Lanham Act. The Appeals Court
affirmed the District Court's denial of Citizens National
Bank's motion for a preliminary injunction. The Appeals Court
designated its opinion not precedential.
2/25. The U.S.
Court of Appeals (8thCir) issued its opinion
[PDF] in Pamida
v. E.S. Originals, a suit seeking
indemnification for costs and attorneys fees incurred in the
defense and settlement of an earlier patent infringement
action. At issue is pre-trial discovery from attorneys. The
District Court refused to quash subpoenas in their entirety.
The Court of Appeals affirmed.
2/25. Deutsche Telekom stated in a release
that it "has today been informed by the Federal Cartel
Office in Bonn of its final decision not to grant approval for
the announced sale of Deutsche Telekom's cable TV businesses
to the Liberty Media Corporation. ... The Federal Cartel
Office had already issued a warning in its preliminary
assessment on 31 January 2002." |
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| About Tech Law Journal |
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after writing. See, subscription
information page.
Contact: 202-364-8882; E-mail.
P.O. Box 4851, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998 - 2002 David Carney, dba Tech Law Journal. All
rights reserved. |
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| Tuesday, Feb 26 |
The House will reconvene following its Presidents Day
recess. It will meet at 12:30 PM for morning hour, and 2:00 PM
for legislative business. No votes are expected before 6:30
PM. The House will consider a number of bills under suspension
of the rules.
10:00 AM. The Senate
Appropriations Subcommittee's Subcommittee on Commerce,
Justice, State, and the Judiciary will meet in open session
regarding the Department of
Justice (DOJ) budget request
for FY 2003. Attorney General John Ashcroft
is scheduled to appear. Location: Room 138, Dirksen Building.
10:00 AM. The Senate
Banking Committee will hold a hearing to examine
accounting and investor protection issues, focusing on
proposals for change relating to financial reporting by public
companies, accounting standards, and oversight of the
accounting profession. See, witness
list. Location: Room 538, Dirksen Building.
12:15 PM. The FCBA's
Cable Practice Committee and the NCTA
will host a luncheon. The speaker will be Sarah Whitesell,
Associate Bureau Chief of the FCC's Cable Services Bureau. The
price to attend is $15. RSVP to Wendy Parish at wendy @fcba.org. Reservations
and cancellations must be received by Friday, February 22.
Location: 1724 Massachusetts Avenue, NW.
1:00 - 4:00 PM. Rep.
Gil Gutknecht (R-MN), Vice Chairman of the House Science Committee,
will hold a "Technology and Terrorism
Demonstration". Location: Room 2318, Rayburn Building.
4:00 PM. The House
Judiciary Committee's Subcommittee on Crime will mark up HR
3482, the "Cyber Security Enhancement Act of
2001". Rep.
Lamar Smith (R-TX), the Chairman of the Subcommittee, and
the sponsor of the bill, will likely offer an amendment
in the nature of a substitute. Location: Room 2237,
Rayburn Building.
5:00 PM. The House Rules
Committee will meet to adopt a rule for consideration of
HR
1542, the Tauzin Dingell bill. February 25 was the
deadline to submit proposed amendments to the Rules Committee.
See, summary.
Deadline to submit reply comments to the FCC in the
matter of Ambient's application for a determination that it is
an exempt telecommunications company. It is an electric power
company that also provides broadband Internet access and
related information services over power lines to electrical
outlets in residences. See, FCC
release [PDF]. |
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| Wednesday, Feb 27 |
The House will meet at 10:00 AM. The House is scheduled
to begin consideration of HR
1542, the Tauzin Dingell bill.
Day one of a two day conference titled "Combatting Cyber
Attacks on Your Corporate Data". See, conference information
page. Location: Omni Shoreham Hotel.
10:00 AM. The Senate
Judiciary Committee will hold a hearing to examine sovereign
immunity and the protection of intellectual property. Sen. Patrick Leahy (D-VT)
will preside. See, witness
list. Location: Room 226, Dirksen Senate Office Building.
10:00 AM. The House
Ways and Means Committee will hold a hearing on the WTO's
extraterritorial income decision. Location: Room
1100, Longworth House Office Building.
10:00 AM. The House Financial
Services Committee will hold a hearing to receive
testimony of the Alan Greenspan, Chairman of the
Federal Reserve Board of Governors. Location: Room 2128,
Rayburn Building.
2:00 PM. The Senate
Commerce Committee's Science, Technology, and Space
Subcommittee will hold a hearing on S
414, the NTIA Digital Network Technology Program Act. This
bill would authorize $250 Million per year for five years for
a grant program for digital network technologies. Location:
Room 253, Russell Building.
6:00 - 8:00 PM. The FCBA will
host a Continuing Legal Education seminar titled Unlicensed
Operation Under FCC Rules. The price to attend is $60 for
FCBA members, $50 for government and law student members, and
$80 for non-members. Registrations and cancellations due by
12:00 NOON on Tuesday, February 26. To register, contact Wendy
Parish at wendy @fcba.org.
Location: Capital Hilton Hotel, 16th & K Streets, NW.
Extended deadline to submit reply comments to the Copyright Office in
response to its March 9, 2001, Notice
of Inquiry concerning the interpretation and application
of the copyright laws to certain kinds of digital
transmissions of prerecorded musical works in light of an
agreement between the RIAA,
the NMPA, and
The Harry Fox Agency (HFA). See, 17
U.S.C. § 115. See, notice
in Federal Register. |
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| Thursday, Feb 28 |
The House will meet at 10:00 AM. The House is scheduled
to continue its consideration of HR
1542, the Tauzin Dingell bill.
Day two of a two day conference titled "Combatting Cyber
Attacks on Your Corporate Data". See, conference information
page. Location: Omni Shoreham Hotel.
9:30 AM. The Senate
Commerce Committee will hold a hearing titled Protecting
Content in a Digital Age -- Promoting Broadband and the
Digital Television Transition. Sen. Ernest Hollings
(D-SC) will preside. The scheduled witnesses are Michael
Eisner (Ch/CEO of Disney), Peter Chernin (P/COO of News
Corp.), Leslie Vadasz (EVP of Intel), Andreas Bechtolsheim
(Cisco), James Meyer (Thomson Multimedia), Robert Perry
(Mitsubishi Digital Electronics). Location: Room 253, Russell
Building.
10:00 AM. The Senate
Judiciary Committee is scheduled to hold a business
meeting. Location: Room 226: Dirksen Building.
12:15 PM. The FCBA's
Transactional Practice Committee will host a brown bag lunch
on mass media transactions. RSVP to Sue Fischer at 202
776-2000. Location: Dow
Lohnes & Albertson, 1200 New Hampshire Ave., NW.
1:00 - 5:00 PM. The FCC's Wireless
Telecommunications Bureau will hold a public forum
addressing issues related to the acquisition and analysis of
data on the state of competition in the commercial mobile
radio services industry for the 7th Annual CMRS Competition
Report. Location: FCC, 445 12th Street, SW, Room TW-C305.
4:00 PM. Adam
Mossoff (Professor at Northwestern Univ.
School of Law) will give a lecture titled "The
Relevance of Natural Rights in Intellectual Property
Today". For more information, contact Prof. Robert
Brauneis at rbraun
@main.nlc.gwu.edu or 202 994-6138. Location: George Washington Univ. Law
School, 2000 H Street, NW.
6:30 - 8:30 PM. FCC Commissioner Michael Copps
will speak at a FCBA
reception on "the value of mentoring in building a
career." Location: Kelley Drye & Warren, 1200 19th
Street, NW. |
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| Friday, March 1 |
The House will not be in session.
Deadline to submit public comments to the FTC
regarding the use of disgorgement as a remedy for competition
violations, including those involving the Hart Scott Rodino
Premerger Notification Act, FTC Act, and Clayton Act. See, FTC
release
and Federal Register notice.
Deadline to file comments with the FCC in response
to its notice of proposed rulemaking regarding the appropriate
regulatory requirements for incumbent local exchange carriers'
provision of broadband telecommunications services. The FCC
adopted this NPRM at its December 12 meeting. See, notice
in the Federal Register.
Deadline to submit reply comments to the FCC regarding Verizon's Section
271 application to provide in region interLATA services in
the state of Vermont. See, FCC
notice [PDF]. |
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