| Hollings Introduces Bill to
Regulate Online Information Practices |
4/18. Sen. Ernest
Hollings (D-SC) introduced S 2201, the Online Personal
Privacy Act 2002, a bill that would impose broad regulation of
ISPs, online service providers, and commercial web site
operators in their collection and dissemination of
information. See, Sen. Hollings' section
by section summary, and statement
in the Senate.
The provides that before an Internet service provider, online
service provider or commercial website operator could collect
or disclose an individual's sensitive personally identifying
information (including health information, race or ethnicity,
political party affiliation, religion, social security number,
or financial information) it would have to first get
affirmative consent from the individual.
The bill also requires that individuals be given access to
their personally identifying information.
The bill preempts related state laws.
The bill gives civil enforcement authority to the Federal Trade Commission (FTC).
The bill also allows lawsuits by states and individuals for
injunctive relief and monetary damages.
The bill is cosponsored by nine other Senators, who are mostly
Democrats, and mostly members of the Senate Commerce
Committee. The initial cosponsors are Conrad Burns (R-MT),
John Kerry (D-MA), Ted Stevens (R-AK), Jay Rockefeller (D-WV),
Daniel Inouye (D-HI), John Breaux (D-LA), Max Cleland (D-GA),
Bill Nelson (D-FL), and Jean Carnahan (D-MO).
The Hollings bill was quickly condemned by technology and
business groups. Harris Miller, President of the Information Technology Association
of America (ITAA), stated in a release
that "The Hollings bill is a static solution to a problem
that is constantly changing. Such an approach might work if
good guys and bad guys all agreed to play by the same privacy
and security rules and the technology itself never changed.
None of these things will ever happen. Instead, this bill
would force online businesses to operate with rules different
from their brick and mortar counterparts and, in the process,
creates the best kind of target to shoot at: one that stands
still."
Ed Black, President of the Computer
& Communications Industry Association (CCIA) stated
that "this legislation continues to advocate unworkable,
unwise, and extremely onerous policies that would
significantly transform the Internet and e-commerce as we know
it. We also object to the discriminatory nature of the
legislation, in that it subjects Internet companies and
websites to harsher treatment than offline collectors of
information".
Bruce Josten, EVP of the U.S.
Chamber of Commerce, stated in a release
that "We must not legislate privacy laws that are
ineffective or hinder the growth of online commerce ... This
proposal is nothing more than a solution in search of a
problem."
Sen. Hollings, who is Chairman of the Senate Commerce
Committee, has scheduled a hearing on his bill before his
Committee for Thursday, April 25 at 9:30 AM. |
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| FCC Holds Open Meeting |
4/18. The Federal
Communications Commission (FCC) held a meeting at which it
announced the adoption of several items pertaining to
satellite services, subsidies for rural health care providers,
and telecommunications relay services. See, agenda.
The FCC announced that it adopted a Report and Order for
licensing new satellite services in shared Ku-band
frequencies, 10.7 GHz - 14.5 GHz. The FCC also announced that
it adopted a Further Notice of Proposed Rulemaking (NPRM) that
proposes a methodology for the licensees to demonstrate, in
the aggregate, that their systems are within a limit on the
total power that can be emitted by the Ku-band NGSO
FSS service. The NPRM also seeks comment on whether
the definition of in-line interference events adopted in the
Order should be adjusted with respect to higher powered
transmitters. This is IB Docket No. 01-96. See, FCC
release.
The FCC also announced that it adopted a NPRM seeking comment
on how to improve the rural health care universal service
mechanism, which helps rural health care providers obtain
access to telecommunications and information services for
medical and health maintenance purposes. This is CC Docket No.
02-60. See, FCC
release.
The FCC also announced that it adopted a Declaratory Ruling
and Second Further NPRM regarding Telecommunications Relay
Services (TRS). The FCC authorized the recovery of all
Internet protocol relay costs from the Interstate TRS Fund,
and asked for pubic comments on whether the FCC should attempt
to devise a method for allocating calls as intrastate or
interstate, and, if so, how to accomplish this goal. See, FCC
release. |
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| Evans Writes FCC Re Auction
Postponement |
4/18. Secretary of Commerce Donald
Evans wrote a letter to Federal
Communications Commission (FCC) Chairman Michael Powell
regarding the FCC's decision not to postpone its auctions in
the upper and lower 700 MHz bands, Auction Numbers 31 and 44..
He wrote "to urge the Commission to postpone the auctions
in the Upper and Lower 700 MHz bands currently scheduled for
June 19, 2002. While I applaud your recent ``Proposal for
Voluntary Industry Actions to Speed the Digital Television
Transition´´ as a call to action that I am hopeful industry
will heed, significant uncertainty remains today about the
date on which the spectrum in these bands will become
available for new wireless services. Until more certainty
exists about the means for and timing of such spectrum
clearing, an auction of the Upper and Lower 700 MHz bands
would be premature and contrary to public interest."
The Cellular
Telecommunications and Internet Association (CTIA) praised
the Evans letter. It wrote in a release
that "The Administration is sounding its message loud and
clear -- again. The 700 MHz spectrum auction is simply
premature at this point. Commerce Secretary Evans has
underscored the reality that conducting this auction now is
inconsistent with efficient spectrum management, and with the
Administration’s efforts to further spectrum reform. We hope
the FCC can read the writing on the wall ..."
Tom Sugrue, Chief of the FCC's Wireless Telecommunications
Bureau, sent a letter
[PDF] on April 10 to Tom Wheeler, P/CEO of the CTIA denying
the CTIA's request for an indefinite postponement.
Meanwhile, several members of the House Commerce Committee
may introduce a bill next week to require postponement of the
auction. |
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| NTIA Director Addresses
Spectrum Management |
4/18. National
Telecommunications and Information Administration (NTIA)
Director Nancy
Victory gave a speech
in which she addressed government management of spectrum. She
reviewed comments made at a spectrum summit hosted by the NTIA
on April 4-5. She also spoke vaguely about "issue areas
that should figure prominently" in the NTIA agenda.
Victory advocated "trust, collegiality and
cooperation" among federal agencies involved in spectrum
management. She also advocated "modernizing spectrum
policies" and "forward looking policies". She
also stated that "We need to remove the clouds over
spectrum availability" and that the NTIA will continue to
study possible bands for use by 3G services.
She spoke at a conference titled "The Response to Terror:
New Laws, Rules and Strategies for IT and Telecom" that
was hosted by the Computer Law Association and the Federal Communications Bar
Association (FCBA) in Washington DC. |
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| FTC Commissioner Anthony
Addresses Deceptive Sales Via the Internet |
4/16. Federal Trade Commission
(FTC) Commissioner Sheila Anthony gave a speech
titled "Combating Deception in Dietary Supplement
Advertising" to the Food and Drug Law Institute 45th
Annual Educational Conference in Washington DC.
She stated the the FTC's "law enforcement plate is very
full as a result of the explosion in growth of the dietary
supplement industry." She added that one of the reasons
for this is that "The Internet has made it easier for
snake oil salesmen to sell their products because it allows
marketers, both large and small, to go global."
She continued that "One of the ways the Commission
attempts to deal with that is through our ``surfs.´´ Our
staff, together with other law enforcement agencies, conducts
Internet surfs by searching for specific disease claims. When
we find a site making dubious therapeutic claims, we send an
email advisory to the website alerting it to the questionable
nature of certain claims. The email also provides links to
resources to help the site determine if it is in compliance
with the law. Later, staff checks back and finds one of three
things: the site is gone, the site modified its claims, or the
site has ignored us. In some cases, those that have ignored
our warning become law enforcement targets." |
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| Sen. Wyden Introduces Cyber
Security Research and Education Bill |
4/17. Sen. Ron Wyden
(D-OR) introduced S 2182, the Cyber Security Research and
Development Act, a bill to authorize funding for computer and
network security, research and development, and research
fellowship programs. This is the Senate companion bill to HR 3394,
which the House passed on February 7 by a vote of 400 to 12.
Sen. Wyden stated in the Senate that "This legislation,
which has the widespread support of the Nation's technology
sector, would significantly increase the amount of cyber
security research in this country by creating important new
research programs at the National Science Foundation, NSF, and
National Institute of Standards and Technology, NIST. The NSF
program would provide funding for innovative research,
multidisciplinary academic centers devoted to cyber security,
and new courses and fellowships to educate the cyber security
experts of the future. The NIST program likewise would support
cutting edge cyber security research, with a special emphasis
on promoting cooperative efforts between government, industry,
and academia." See, Cong. Rec., April 17, 2002, at
S2832-2833.
See also, story titled "House Passes Cyber Security
Research & Education Bill" in TLJ
Daily E-Mail Alert No. 364, February. 8, 2002. |
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| House Judiciary Committee
Postpones Mark Up of Tech Bills |
| 4/18. The House
Judiciary Committee held a meeting to mark up several
bills, including HR 3482,
the Cyber Security Enhancement Act of 2001, and HR 3215,
the Combatting Illegal Gambling Reform and Modernization Act
(the Internet gambling bill). However, it postponed
consideration of these two bills. |
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| Senate Judiciary Committee
Postpones Mark Up of IPR Bill |
| 4/18. The Senate
Judiciary Committee held a meeting to mark up bills and
approve nominees. The agenda included consideration of S 2031,
Intellectual Property Protection Restoration Act of 2002. This
bill would prevent states from recovering damages for
infringement of state owned intellectual property, unless they
have first waived their 11th Amendment sovereign immunity from
suits against them for their infringement of the intellectual
property of others. However, this bill was held over, again. |
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| State Department Official
Addresses International Broadband Deployment |
4/16. David Gross, a Deputy Assistant Secretary of State,
gave a speech
titled "Broadband: An International Perspective" at
the luncheon hosted by The Media Institute in Washington DC.
He stated that "In the areas of the Internet and
broadband, we stress the importance of creating open and
competitive global telecom regimes during all of our bilateral
and multilateral activities." He added that "one
clear component to broadband penetration is a national
regulatory environment that rewards innovation and encourages
private sector competition. This is a critical ingredient for
sustainable telecommunications development, including
broadband."
He also reviewed the State Department's activities at recent
and upcoming international meetings and conferences, including
the recent meetings of the World Trade Organization (WTO) in
Doha and the International Telecommunication Union (ITU)
meeting. He also reviewed at length the status of broadband
deployment in other countries, such as Korea, Canada, the
United Kingdom, and India. |
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| People and Appointments |
4/18. The Senate
Judiciary Committee approved several pending judicial
nominations, including that of Jeffrey Howard to be a
Judge of the U.S. Court
of Appeals (1stCir). The Committee also approved Percy
Anderson (U.S.D.C., Central District of California), John
Walter (U.S.D.C., Central District of California), Michael
Baylson (U.S.D.C., Eastern District of Pennsylvania), William
Griesbach (U.S.D.C., District of Wisconsin), Joan
Lancaster (U.S.D.C., District of Minnesota), and Cynthia
Rufe (U.S.D.C., Eastern District of Pennsylvania). These
nominees still require confirmation by the full Senate.
4/16. The Software &
Information Industry Association (SIIA) named Karen
Billings Vice President of its the Education Division.
See, SIIA
release. |
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| More News |
4/17. The House
Appropriations Committee's Subcommittee on Commerce,
Justice, State, and the Judiciary held a hearing on the
proposed budget for FY 2003 for the Federal Communications Commission
(FCC). FCC Chairman Michael Powell stated in his prepared
testimony [PDF] that "the FCC has requested
$278,092,000 and 1,975 FTEs for Fiscal Year 2003."
Powell's written statement outlines the major activities and
proceeding being conducted by the FCC.
4/17. The House
Appropriations Committee's Subcommittee on Commerce,
Justice, State, and the Judiciary hold a hearing on the
proposed budget for FY 2003 for the Securities and Exchange Commission
(SEC).
4/17. The Federal Communications
Commission (FCC) approved Verizon's Section
271 application to provide in region interLATA services in
the state of Vermont. See, FCC
release [PDF]. This is CC Docket No. 01-07.
4/18. The Federal Trade
Commission (FTC) sent a warning
letter to fifty companies that have made questionable gas
saving and other energy related advertising claims in their
web sites. The letter states that "We have not yet
determined whether your advertising violates the FTC Act. We
have, however, copied and preserved your online advertising
because it contains specific gas savings claims. If your
website misrepresents the benefits of your product, makes
claims that lack credible scientific substantiation, or is
otherwise deceptive or fraudulent, you should stop making
those claims or revise them appropriately right away.
Otherwise, you may be subject to legal action that could
require you to stop your advertising and to pay money back to
consumers."
4/18. The U.S.
District Court (NDCal) unsealed a criminal
information [PDF] charging Gary Jones with wire fraud in
violation of 18 U.S.C. §§ 1343
and 1346.
The information states that Jones defrauded his employer,
software company Sagent
Technology, by creating bogus software sales contracts
with federal government agencies, including the Department of
Justice (DOJ), for which he received commissions from Sagent.
The Information was filed on March 25, 2002. The DOJ's Federal
Bureau of Investigation (FBI) arrested Jones on April 17.
4/16. The General Accounting
Office (GAO) wrote a letter
[PDF] to Rep. Steve Horn
(R-CA), Chairman of the House
Government Reform Committee's Subcommittee on Government
Efficiency, Financial Management and Intergovernmental
Relations regarding federal departments' and agencies'
information security programs. |
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| About Tech Law Journal |
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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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| Friday, April 19 |
The House will not be in session.
9:00 AM - 5:15 PM. The George
Washington University Law School (GWULS) will host an
event titled Symposium on Patents and Standard Setting.
See, agenda
in GWULS web site, and below. Registration is required. For
more information, contact Prof. Martin Adelman at madelman
@main.nlc.gwu.edu. Location: GWULS, Moot Court Room, 2000
H Street, NW.
12:00 NOON - 2:00 PM. The Progress
and Freedom Foundation will host an event titled
"Privacy Online: A Report on the Internet Practices and
Policies of Commercial Websites". The speakers will
include FTC Commissioner Orson Swindle, Paul Misener (Amazon),
David Klaus (Privacy Leadership Initiative), and Peter Ford
(Australian Attorney General's Dept.). See, PFF
notice. Location: Room B369, Rayburn Building.
2:00 - 4:00 PM. The American
Enterprise Institute (AEI) will host a panel discussion
titled Freeing the Chinese Internet. The speakers will
be Arthur Waldron (AEI), Paul Baranowski (Peekabooty Project),
Ethan Gutmann (Project for the New American Century), and Greg
Walton (Human Rights in China). See, online registration
page. Location: AEI, 12th Floor, 1150 17th St., NW.
Day two of a two day ALI-ABA
course for inside and outside counsel titled "Trademarks,
Copyrights, and Unfair Competition for the General
Practitioner and the Corporate Counsel". The price to
attend is $685. See, online brochure.
Location: Loews L'Enfant Plaza.
Day two of a two day conference titled "IT Law and the
Response to Terror: New Laws, Rules and Strategies". The
event is hosted by the Computer
Law Association and the FCBA. See,
online brochure
[PDF]. Location: Monarch Hotel, 2401 M Street NW.
Deadline to submit reply comments to the FCC regarding
its annual report to Congress regarding progress made in
achieving the objectives of the ORBIT Act, 47 U.S.C. § 646.
The next FCC Orbit Act report is due to Congress on June 15,
2002. See, FCC
notice [PDF].
Deadline to register to attend the "Copyright
Conference" hosted by the USPTO, the
purpose of which is to "discuss current domestic and
international issues vital to the development of e-commerce
with members of the business and intellectual property
communities." See, USPTO
notice. Registration is required. |
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| Monday, April 22 |
Day one of a three day conference of the Electronics Industry Alliance.
See, agenda
[Word]. Location: Grand Hyatt Hotel.
11:30 AM. Sen. Charles
Grassley (R-IA) and Robert
Zoellick will hold a press conference and rally to urge
the Senate leadership to schedule a vote on legislation to
grant the President Trade Promotion Authority. Sen.
Grassley is the ranking Republican on the Senate Finance
Committee, which approved its version of HR
3005 in last December. Zoellick is the USTR.
Location: Room 215, Dirksen Building.
12:00 NOON - 2:00 PM. Sen.
John Breaux (D-LA) will speak at a luncheon at the spring
convention of the Electronics
Industry Alliance. Location: Grand Hyatt Hotel.
Extended deadline to file reply 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. See, notice
in the Federal Register. See, Order
[PDF] extending deadline from April 1 to April 22. |
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| Tuesday, April 23 |
Day two of a three day conference of the Electronics Industry Alliance.
See, agenda
[Word]. Location: Grand Hyatt Hotel.
9:30 - 11:30 AM. The American
Enterprise Institute (AEI) will host a lecture by Jerry Hausman
of MIT titled From 2G to 3G: Wireless Competition for
Internet Related Services. See, program summary and
online registration page. Location: 12th Floor, AEI, 1150
17th Street, NW.
9:30 AM. The U.S.
Court of Appeals (DCCir) will hear oral argument in Saga
Broadcasting Corp v. FCC, No. 01-1249. Judges Ginsburg,
Sentelle and Henderson will preside. Location: 333
Constitution Ave. NW.
10:00 AM. The House
Appropriations Committee's Subcommittee on Commerce,
Justice, State, and the Judiciary will hold a hearing on the
proposed budget for FY 2003 for the USPTO. Location:
George Washington University, Loudoun Campus.
10:00 AM. The Senate
Judiciary Committee will hold a hearing on reformation of
the FBI and the Department of Justice. Location: Room 226,
Dirksen Building.
12:00 NOON - 2:00 PM. General
Richard Myers, Chairman of the Joint Chiefs of Staff,
will speak on contributions that the electronics industry has
made to military preparedness at a luncheon at the spring
convention of the Electronics
Industry Alliance. Location: Grand Hyatt Hotel.
2:30 PM. The Senate
Judiciary Committee's Subcommittee on Antitrust,
Competition, and Business and Consumer Rights will hold a
hearing titled Cable Competition and the ATT Comcast Merger.
Sen. Herb Kohl (D-WI)
will preside. Location: Room 226, Dirksen Building.
7:00 - 10:00 PM. Tom
Ridge, Director of the Office of Homeland
Security, will speak at a dinner at the spring convention
of the Electronics Industry
Alliance. Location: Grand Hyatt Hotel. |
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| Wednesday, April 24 |
Day three of a three day conference of the Electronics Industry Alliance.
See, agenda
[Word]. Location: Grand Hyatt Hotel.
9:00 AM - 3:30 PM. The Consumer
Electronics Association (CEA) will host an event titled
"Digital Television (DTV) Summit: Moving to Mass
Markets". Rep.
Billy Tauzin (R-LA) will give the opening keynote address.
A 1:45 PM panel will include Michael Petricone (CEA), Rick
Chessen (FCC), Andrew Levin (Minority Counsel, House Commerce
Committee), and Jessica Wallace (Counsel, House Commerce
Committee). See, agenda.
Location: Washington Convention Center.
9:00 AM. Day one of a two day meeting of the Bureau of Export Administration's
Information Systems Technical Advisory Committee (ISTAC). The
ISTAC advises the Office of the Assistant Secretary for Export
Administration on technical questions that affect the level of
export controls applicable to information systems equipment
and technology. The meeting will be open to the public in
part, and closed to the public in part. The open agenda
includes a presentation on web based remote hardware
management, a presentation on microelectro- mechanical (MEMS)
technology and applications, and a presentation on battery and
fuel cell technology. See, notice
in Federal Register. Location: Herbert Hoover Building, Room
3884, 14th Street between Pennsylvania Ave. and Constitution
Ave., NW.
1:00 - 4:30 PM. The CFTC's
Technology Advisory Committee will hold a public meeting on
technology related issues in the financial services and
commodity markets, including cyber security. See, notice
in Federal Register. Location: Room 1000, CFTC headquarters,
Three Lafayette Centre, 1155 21st Street, NW.
2:30 PM. The Senate
Commerce Committee's Subcommittee on Science, Technology,
and Space will hold a hearing on S
2037, a bill providing for the establishment of a national
emergency technology guard. Location: Room 253, Russell
Building. |
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| Thursday, April 25 |
9:00 AM - 5:30 PM. Day one of a two day Copyright Conference
hosted by the U.S. Patent and Trademark Office, the purpose of
which is to "discuss current domestic and international
issues vital to the development of e-commerce with members of
the business and intellectual property communities." See,
USPTO
notice. Registration is required. Registration closes on
April 19. Location: The Academy for Educational Development
Conference Center, 1825 Connecticut Avenue, NW, 8th Floor.
9:00 AM. Day two of a two day meeting of the Bureau of Export Administration's
Information Systems Technical Advisory Committee (ISTAC). The
ISTAC advises the Office of the Assistant Secretary for Export
Administration on technical questions that affect the level of
export controls applicable to information systems equipment
and technology. The meeting will be open to the public in
part, and closed to the public in part. The open agenda
includes a presentation on web based remote hardware
management, a presentation on microelectro- mechanical (MEMS)
technology and applications, and a presentation on battery and
fuel cell technology. See, notice
in Federal Register. Location: Herbert Hoover Building, Room
3884, 14th Street between Pennsylvania Ave. and Constitution
Ave., NW.
9:30 AM. The Senate
Commerce Committee will hold a hearing on online privacy
legislation. Location: Room 253, Russell Building.
TIME? The House
Commerce Committee's Telecom and Internet Subcommittee has
tentatively scheduled a hearing on digital television.
12:15 PM. The FCBA's
Young Lawyers Committee will host a brown bag lunch. The topic
will be "The Year of the 271". The speakers will be
Dorothy Attwood (Chief of Wireline Competition Bureau),
Michelle Carey, (Chief of the Competition Policy Division),
Deena Shetler (Deputy Chief of the Pricing Policy Division),
and Renee Crittendon (Senior Attorney Advisor in the
Competition Policy Division). RSVP to Pam Slipakoff. Location:
Room 8-C245, FCC, 445 12th Street, SW.
12:30 PM. The House
Commerce Committee's Telecom and Internet Subcommittee
will hold a hearing titled "Ensuring Content Protection
in the Digital Age". Location: Room 2123, Rayburn
Building.
3:30 PM. Mark
Lemley (Professor, Boalt Hall, UC Berkeley) will give a
lecture titled "Antitrust, Intellectual Property, and
Standard Setting Organizations". For more information,
contact Prof. Julie Cohen at jec@law. georgetown.edu.
Location: Georgetown
University Law Center, Faculty Lounge, 5th Floor,
McDonough Hall, 600 New Jersey Ave., NW.
Deadline to submit Notices of Intent to Participate to the Copyright Office (CO)
in its negotiation of 17
U.S.C. § 118 noncommercial educational broadcasting
compulsory license. See, CO notice
in Federal Register. |
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