| Sen. Burns Seeks Hearing on
ICANN |
3/11. Sen. Conrad Burns
(R-MT) wrote a letter
to Sen. Ernest Hollings
(D-SC) requesting that the Senate Commerce
Committee hold an oversight hearing regarding the Internet Corporation for Assigned
Names and Numbers (ICANN) and the future of Internet
governance. Sen. Hollings is the Chairman of the Committee.
Sen. Burns wrote that "ICANN is currently a fundamentally
flawed and ineffective governing entity". He also wrote
that "more fundamental questions also need to be
addressed, such as whether ICANN is even the most appropriate
organization to be tasked with such a critical mission, which
is central to our national security." |
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| Distance Learning and
Telemedicine Grants and Loans |
3/11. The U.S. Department of
Agriculture's (USDA) Rural
Utilities Service (RUS) published two notices in the
Federal Register regarding its Distance Learning and
Telemedicine Loan and Grant Program. Last year, the RUS
provided 22 distance education grants totaling $5.1 Million,
and 23 telemedicine grants totaling $6.3 million.
The RUS published a notice
in the Federal Register on March 11 that covers application
deadlines. It states that "For FY 2002, $27 million in
grants and $300 million in loans will be made available for
distance learning and telemedicine projects serving rural
America. The funding will be provided in three categories: (1)
$17 million will be available for grants; (2) $200 million
will be available for loans; and (3) $110 million will be
available for combination grants and loans ($100 million in
loans paired with $10 million in grants, i.e., $10 loan: $1
grant ratio)."
This notice further states that "Applications for grants
must be postmarked no later than May 13, 2002. Applications
for FY 2002 loans or combination loans and grants may be
submitted at anytime up to August 31, 2002, and will be
processed on a first come, first serve basis." See,
Federal Register, March 11, 2002, Vol. 67, No. 47, at Page
10890.
The RUS published a second notice
in the Federal Register on March 11 stating that the
amendments to its rules, announced in a notice
in the Federal Register on January 23, are now in effect. The
March 11 notice states the RUS "hereby gives notice that
no adverse comments were received regarding the direct final
rule amending its regulations for the Distance Learning and
Telemedicine (DLT) Loan and Grant Program, and confirms the
effective date of the direct final rule. ... The direct final
rule published in the Federal Register on January 23, 2002 (67
FR 3039) is effective March 11, 2002."
The amendments clarify eligibility, change the grant minimum
matching contribution, clarify that only loan funds will be
used to finance transmission facilities, modify financial
information requirements, adjust the leveraging of resources
scoring criterion, and revise financial information to be
submitted. See, Federal Register, March 11, 2002, Vol. 67, No.
47, at Pages 10830 - 10831, and Federal Register, January 23,
2002, Vol. 67, No. 15, at Pages 3039 - 3041. |
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| SEC Requests Documents from
WorldCom and Qwest |
3/11. WorldCom stated
in a release
that "it has received a confidential request from the
Securities and Exchange Commission for voluntary production of
documents and information." See, March 7 letter
[1MB in PDF] from SEC to WorldCom.
Similarly, Qwest stated in
a release
that "it received an informal inquiry from the Denver
regional office of the Securities and Exchange Commission
(SEC) requesting voluntary production of documents. Qwest
intends to respond fully to this request, which was received
in a letter Friday, March 8, 2002." |
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| SEC Chairman Addresses
Regulation of Accounting |
3/11. Securities and Exchange
Commission (SEC) Chairman Harvey
Pitt gave a speech
to the Securities Industry
Association (SIA) Compliance and Legal Division Seminar in
Palm Desert, California.
He stated that "An impressive facet of the securities
industry is its foundation on private sector regulation.
Congress long ago wisely realized it isn't enough to have
vigorous laws. The highest ethical standards and the most
demanding competence requirements also must be imposed.
Government can focus on illegality. But, the highest ethical
standards and the best standards of competence must come from,
and be enforced vigorously by, the affected industry or
profession."
He continued: "We seek to utilize that base for the
accounting profession. Rather than self regulation, however,
we espouse private sector regulation. Our thought is that
persons unaffiliated with accounting firms should govern the
new private sector regulator we envision. The new regulatory
board should also have the ability to tap into the expertise
of a small number of accountants to ensure that the new
regulatory body has all the technical expertise it requires.
The system we envision will subject the profession to
affirmative ethical requirements, and compel auditors to be
well grounded in appropriate ethical and crisis management
techniques, and to achieve a high level of competence. We are
seeking to ensure that accountants not only comply with the
law, but also exceed it by conforming to the highest ethical
and competence standards." |
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| GAO Reports on OMB
Information Resource Management |
3/11. The General Accounting
Office (GAO) released a report [PDF]
titled "Information Resource Management: Comprehensive
Strategic Plan Needed to Address Mounting Challenges".
The report notes that "As agencies have struggled with
issues involving intelligence gathering, information sharing
and dissemination, security, and information technology (IT),
it has become increasingly apparent that our government needs
to better assess -- from a strategic standpoint -- all aspects
of how it handles information."
The report specifically addresses the performance of the
Office of Information and Regulatory Affairs (OIRA) at the Office of Management and
Budget (OMB), and its information resources management (IRM)
plan. The GAO report concludes that "OIRA has not
established an effective governmentwide strategic IRM
plan".
The report recommends, among other things, that "the
administrator, OIRA, develop and implement a governmentwide
strategic IRM plan that articulates a comprehensive federal
vision and plan for all aspects of government information. In
addition, recognizing the new emphasis that OMB has placed on
e-government, it will be important that the administrator work
in conjunction with the associate director for technology and
e-government in developing this plan."
The report was written at the request of Sen. Joe Lieberman
(D-CT), Chairman of the Senate Governmental Affairs Committee. |
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| People and Appointments |
3/11. The Federal Bureau of
Investigation (FBI) announced that it has hired Sherry
Higgins and Kenneth Ritchhart to support the FBI's
efforts to rebuild its information infrastructure, and to
support its recruiting efforts. Higgins previously worked for
30 years at AT&T, and later, Lucent. The FBI stated that
Ritchhart "brings twenty years of project and information
technology management experience, including expertise in
database systems and structures to the Bureau. Mr. Ritchhart
is well known with the Intelligence Community as a result of
his prior government service where he was active in
information sharing initiatives. Most recently Mr. Ritchhart
served as Program Manager, Joint Intelligence Virtual
Architecture, Defense Intelligence Agency". See, FBI
release.
3/8. Deborah Klein was named Chief of Staff of the
newly created Media Bureau at the Federal Communications Commission
(FCC). She was previously Chief of the Consumer Protection and
Competition Division of the Cable
Services Bureau. Before that, she was an attorney at the Federal Trade Commission's
(FTC) Bureau of Competition, where she worked on antitrust
investigations and litigation. See, FCC
release. (The FCC's new Media Bureau will handle the
policy and licensing programs relating to electronic media,
including cable TV, broadcast TV and radio in the U.S. and its
territories. It will also handle post licensing matters
regarding Direct Broadcast Satellite (DBS) service. The FCC's
reorganization plan takes effect on March 25. See, FCC
release.)
3/8. Richard Engelman was named Chief Engineer, and Jacquelynn
Ruff was named Assistant Bureau Chief, of the Federal Communications Commission's
(FCC) International Bureau.
Engelman has been with the FCC for 25 years. Ruff has been
with the FCC since 1999. She previously worked for the law
firm of Wilmer Cutler &
Pickering. |
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| FTC Sues Sellers of Non
Existent Domain Names |
2/28. The Federal Trade
Commission (FTC) filed a complaint [PDF] in U.S.
District Court (NDIll) against TLD Network Inc. alleging
violation of Section 5(a) of the FTC Act, 15 U.S.C.
§ 45(a), in connection with advertising and selling over
the Internet non existent .usa domain names. The District
Court issued a Temporary
Restraining Order [PDF] against defendants, which also
affects all domain name registrars.
The complaint states that "Since approximately October
2001, Defendants have sold domain names ending in the suffix
``.usa.´´ ... Defendants send, or authorize others to send
on their behalf, unsolicited commercial email to consumers,
including consumers in the United States, advertising the
availability of their domain names. ... Defendants advertise
their domain names on Internet Web sites ... Defendants sell
their domain names for $59 each. ... Many consumers, including
consumers in the United States, have purchased such domain
names."
The complaint states that in reality, "In order for a
domain name to be readily accessible over the Internet,
whether by its address or through indexing by a search engine,
the name must be recognized and registered under protocols
developed by the Internet Corporation for Assigned names and
Numbers (ICANN). ICANN currently does not recognize any of the
domain names being sold by Defendants, and has no plans to
introduce domain names with the suffixes sold by
Defendants."
The TRO enjoins defendants from making false or misleading
statements regarding domain names. It also requires that
"any party hosting any Web pages or Web sites for
Defendants ... Immediately take whatever steps may be
necessary to ensure that Web pages ... cannot be accessed by
the public ..."
The TRO also requires "any other domain name
registrar" to "Immediately suspend the registration
and prevent the transfer of" domain names used by
defendants to advertise their" non existent domain.
The TRO also freezes defendants' assets, enjoins the
destruction of records, and expedites discovery. It set a
hearing for March 11.
The complaint, motion for TRO, and memorandum
in support [PDF] were filed on February 28. See also, FTC release.
Howard Beales, III, Director of the FTC's Bureau of Consumer
Protection, stated: "They sent deceptive spam, and they
sold worthless web addresses from their Web sites. By closing
down this operation we're sending a strong signal: We will not
tolerate deceptive spam." |
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| Amazon and Barnes &
Noble Settle Patent Case |
3/7. Online booksellers Amazon.com
and Barnesandnoble.com
(BN) settled a patent infringement and validity case pending
in the U.S.
District Court (WDWash). Company representatives stated
only that there is a settlement, and that its terms are
confidential.
At issue was Amazon's U.S.
Patent No. 5,960,411, which was issued on September 28,
1999. It is also sometimes referred to as the "one
click" method and system for placing an order to purchase
an item via the Internet.
Amazon filed its complaint in District Court on October 21,
1999, against BN alleging patent infringement, and seeking a
preliminary injunction. Amazon alleged that BN's "Express
Lane" ordering system infringes its 411 patent. BN, in
turn, challenged the validity of the 411 patent. The District
Court issued a preliminary injunction, and BN appealed that
order.
On February 14, 2001, the U.S.
Court of Appeals (FedCir) issued its opinion
in Amazon
v. Barnesandnoble, 239 F.3d
1343. The Court of Appeals found that Amazon carried
its burden with respect to demonstrating the likelihood of
success on the issue of infringement, but that BN raised
substantial questions as to the validity of the 411 patent. It
found that the District Court committed error by misreading
the factual content of the prior art references, and by
failing to recognize that BN had raised a substantial question
of invalidity of the asserted claims in view of these prior
art references. However, the Court hastened to add, "this
conclusion only undermines the prerequisite for entry of a
preliminary injunction. Our decision today on the validity
issue in no way resolves the ultimate question of
invalidity." Hence, the Appeals Court reversed and
remanded to the District Court.
Amazon's 411 patent is frequently cited as an example by
proponents of legislative reform in the area of business
method patents.
Rep. Howard Berman
(D-CA) and Rep. Rick
Boucher (D-VA) have introduced bills in this, and the
previous, Congress that would make several changes to the
business method patent process. See, HR 1332,
the Business Method Patent Improvement Act of 2001. See also, HR 5364
(106th Congress), and TLJ story, Bill
Would Change Business Method Patent Process, October 3,
2000.
More recently, on February 20, the European Commission
released a proposal for a Directive on patents of computer
implemented inventions. See, document
titled "Patents: Commission proposes rules for inventions
using software" and document
titled "Proposal for a Directive on the patentability of
computer implemented inventions -- frequently asked
questions".
The proposal states that inventions "whose operation
involves the use of a computer program and which make a
``technical contribution´´ -- in other words which
contribute to the ``state of the art´´ in the technical
field concerned -- would be eligible for patents. Computer
programs as such would not be eligible for a patent under the
proposal. Nor would business methods that employ existing
technological ideas and apply them to, for example,
e-commerce. These would continue where appropriate to be
covered by copyright law or the law of confidentiality." |
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| Samsung Sues SanDisk for
Patent Infringement |
3/5. Samsung filed a
complaint in U.S. District Court (EDTex)
against SanDisk alleging patent
infringement. Samsung alleges infringement of four patents of
which it is the assignee: U.S. Patents Nos. 5,473,563
(titled Nonvolatile semiconductor memory), 5,514,889
(Non-volatile semiconductor memory device and method for
manufacturing the same), 5,546,341
(titled Nonvolatile semiconductor memory), and 5,642,309
(Auto-program circuit in a nonvolatile semiconductor memory
device). Samsung seeks injunctive and monetary relief.
Charles Van Orden, VP and General Counsel of SanDisk, stated
in a release
that "We believe this lawsuit is a tactical move on
Samsung's part in advance of the upcoming expiration in
August, 2002, of their patent cross license with SanDisk. We
intend to vigorously defend against this action." |
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| About Tech Law Journal |
Tech Law Journal publishes a free access web site and
subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year. However, there
are discounts for entities with multiple subscribers. Free one
month trial subscriptions are available. Also, free
subscriptions are available for law students, journalists,
elected officials, and employees of the Congress, courts, and
executive branch, and state officials. The TLJ web site is
free access. However, copies of the TLJ Daily E-Mail Alert and
news items are not published in the web site until one month
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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| House Subcommittee to Mark
Up Internet Gambling Bill |
3/11. The House
Judiciary Committee's Subcommittee on Crime will meet to
mark up HR
3215, the "Combating Illegal Gambling Reform and
Modernization Act", at 4:00 PM on March 12. The bill is
sponsored by Rep.
Bob Goodlatte (R-VA), and 156 other Members of Congress,
including Rep.
Lamar Smith (R-TX), the Chairman of the Crime
Subcommittee.
The bill would amend 18 U.S.C. §§ 1081
and 1084,
which contain the definitions and prohibition, respectively,
of the Wire Act. The Wire Act currently criminalizes the use
of "wire communications facilities" in interstate
commerce for gambling. The Wire Act does not ban gambling.
This is a matter of state law. The Goodlatte bill expands the
prohibition to cover all communications between states or with
other foreign countries. It maintains the principle that
gambling is otherwise a matter of state law. Hence, under the
Goodlatte bill, use of the Internet for gambling purposes
would become illegal (if interstate or foreign).
It was introduced on November 1, 2001. The Crime Subcommittee
held a hearing on November 29, 2001. Rep. Goodlatte has been
trying to pass legislation banning Internet gambling for
several Congresses. See also, "Rep. Goodlatte Introduces
Gambling Bill", TLJ
Daily E-Mail Alert No. 300, Nov. 2, 2001. |
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| Tuesday, March 12 |
The House 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 measures under
suspension of the rules.
The Senate will meet at 10:30 AM, and resume consideration of
the energy bill.
9:30 AM. The U.S.
Court of Appeals (DCCir) will hear oral argument in USTA
v. FCC, No. 01-1085. Judges Ginsburg, Rogers and Garland
will preside. Location: 333 Constitution Ave. NW.
10:00 AM. The Senate
Appropriations Subcommittee's Subcommittee on Commerce,
Justice, State, and the Judiciary will hold a hearing on the
administration's proposed budget estimates for FY 2003 for the
Department of State.
Location: Room 138, Dirksen Building.
1:30 PM. The U.S. International Telecommunication Advisory
Committee (ITAC) will hold a meeting. See, notice
in Federal Register, October 17, 2001, Vol. 66, No. 201, Page
52825. Location: State Department.
4:00 PM. The House
Judiciary Committee's Subcommittee on Crime will meet to
mark up HR
3215, the "Combating Illegal Gambling Reform and
Modernization Act." Location: Room 2237, Rayburn
Building.
5:00 PM. The House Rules
Committee will meet to adopt a rule for consideration of HR
2341, the Class Action Fairness Act of 2001. |
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| Wednesday, March 13 |
The House will meet at 10:00 AM for legislative business.
The House may take up HR
2341, the Class Action Fairness Act of 2001.
7:30 AM. FTC Commissioner Orson
Swindle will speak at the Baltimore Academies Business
Professionals Breakfast on "consumer protection and
competition issues". Location: Pikesville Hilton, 1726
Reistertown Road, Pikesville, MD.
10:00 AM. The House Financial
Services Committee will hold a hearing on HR
3763, the "Corporate and Auditing Accountability,
Responsibility, and Transparency Act of 2002". Location:
Room 2128, Rayburn Building.
10:30 AM. The Senate
Appropriations Subcommittee's Subcommittee on the
Legislative Branch will hold hearings on the proposed budget
estimates for FY 2003 for the Library
of Congress (LOC) and the Congressional Research Service.
The Copyright Office
is a part of the LOC. Location: Room 124, Dirksen Building.
10:30 AM. The Senate
Appropriations Subcommittee's Subcommittee on Commerce,
Justice, State, and the Judiciary will hold a hearing on the
administration's proposed budget estimates for FY 2003 for the
Department of Commerce.
Location: Room 116, Dirksen Building. |
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| Thursday, March 14 |
The House will meet at 10:00 AM for legislative business.
9:00 AM. The House
Judiciary Committee's Subcommittee on Courts, the
Internet, and Intellectual Property will hold a hearing titled
"Patent Law and Non-Profit Research Collaboration."
Location: Room 2141, Rayburn Building.
9:30 AM. The FCC will hold a
meeting. See, agenda.
Location: FCC, 445 12th Street, SW, Room TW-C05.
10:00 AM. The Senate
Judiciary Committee will hold a hearing to examine
competition, innovation, and public policy concerning digital
creative works. Location: Room 226, Dirksen Building.
10:00 AM - 12:00 NOON. The House Science Committee's
Subcommittee on Environment, Technology, and Standards will
hold a hearing titled "Technology Administration: Review
and Reauthorization". Location: Room 2318, Rayburn
Building.
11:00 AM. FTC Chairman Timothy
Muris will speak at the 6th Annual Georgetown University
Law Center (GULC) Corporate Counsel Institute. Location: GULC,
600 New Jersey Avenue, NW.
12:00 PM. The FCBA will
host a luncheon. The speaker will be Craig McCaw,
Ch/CEO of Teledesic. A
reception will begin at 12:00 NOON, followed by lunch at 12:30
PM. RSVP to Wendy Parish at wendy
@fcba.org by 12:00 NOON on Tuesday, March 12. Location:
Capital Hilton Hotel, 16th and K Streets, NW. |
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| Friday, March 15 |
The House will not be in session.
9:00 AM. The AFL-CIO's
Department for Professional Employees will host a panel of
speakers who will advocate retention of the FCC's newspaper
and broadcast cross ownership rules. FCC Commission Michael
Copps will speak. See, AFL-CIO
notice. For more information, contact Leandra Kennedy at lkennedy @aflcio.org or
202 638-0320. Location: National
Press Club, Holeman Lounge, 529 14th St. NW, 13th Floor.
9:30 - 11:00 AM. The Progressive
Policy Institute (PPI) will host a panel discussion on the
impact of new homeland security efforts on privacy. The
panelists will be Robert Atkinson (PPI), Shane Ham (PPI), and
Jim Dempsey (Center for
Democracy and Technology). RSVP to 202 547-0001. Location:
PPI, 600 Pennsylvania Avenue, SE, Suite 400.
11:00 AM. FTC Chairman Timothy
Muris will give the keynote address at the Consumer Federation of
America's Assembly. Location: Washington Plaza Hotel, 10
Thomas Circle, NW.
Deadline to submit comments to the FCC on the World
Radiocommunication Conference Advisory Committee's (WRC-03
Advisory Committee) recommendations of February 6, 2002,
regarding the 2003 World Radiocommunication Conference
(WRC-03). See, notice
[16 pages in PDF] requesting public comments, and attached
recommendations. |
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| Monday, March 18 |
9:30 AM. The U.S. Court of Appeals
(DCCir) will hear oral argument in Costa de Oro TV v.
FCC, No. 01-1153. Judges Ginsburg, Henderson and Tatel
will preside. Location: 333 Constitution Ave. NW.
12:00 NOON. Deadline to submit requests to Office of the U.S. Trade
Representative (USTR) to testify orally at its April 1
hearing negotiation of a U.S. Singapore Free Trade
Agreement. See, notice
in the Federal Register.
Deadline to submit comments to the Federal Communications Commission
(FCC) in response to its notice of proposed rulemaking (NPRM)
regarding its unbundling analysis under § 251
of the Communications Act and the identification of specific
unbundling requirements for incumbent local exchange carriers
(ILECs). The FCC adopted this NPRM at its December 12 meeting.
This is CC Docket No. 01-338. See, notice
in the Federal Register, January 15, 2002. Note: SBC submitted
a request
for extension of deadline [PDF] on March 11. |
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