9/29. The U.S. District Court (DColo) issued its Order Denying Stay of Judgment [22 pages in PDF] in Mainstream Marketing v. FTC, one of the cases in which telemarketers seek to enjoin the Federal Trade Commission's (FTC) telemarketing do not call registry.

On September 25, the District Court issued its Memorandum Opinion and Order [34 pages in PDF] holding that the FTC's do not call registry violates the First Amendment free speech rights of telemarketers. On September 26, the FTC filed a Notice of Appeal [3 pages in PDF], Motion for an Emergency Stay Pending Appeal [3 pages in PDF], and a Memorandum of Points and Authorities in Support of It's Motion for an Emergency Stay Pending Appeal [9 pages in PDF].

Also on September 29, Federal Communications Commission (FCC) Chairman Michael Powell issued a statement [PDF] regarding the status of the FCC's do not call rules.

He wrote that "The FCC will enforce its Do-not-call rules against telemarketers that have obtained the Do-Not-Call list from the FTC, beginning Wednesday. The FCC rules complement and expand on those of the FTC. FCC rules have not been disturbed by recent court cases. Last week, the 10th Circuit Court of Appeals refused to block the rules pending review -- as the telemarketing industry had urged -- citing the strong public interest of leaving the rules in place. The Commission intends to continue to administer and enforce its rules to the fullest extent possible as the litigation proceeds."

And, on September 29, President Bush signed HR 3161, a bill authorizing the FTC to implement a national do not call registry. The House passed the bill on September 25 by a vote of 412-8. See, Roll Call No. 521. Later in the day, the Senate passed the bill by a vote of 95-0. See, Roll Call No. 365.

The Congress passed this bill in immediate response to the September 24 Order [19 page PDF scan] of the U.S. District Court (DOkla) in U.S. Security v. FTC, holding that the FTC's rule creating a do not call registry exceeds the statutory authority of the FTC.

See also, stories titled "Oklahoma Court Rules FTC Do Not Call Registry Invalid" in TLJ Daily E-Mail Alert No. 746, September 25, 2003, and "Congress Passes Bill to Authorize Do Not Call Registry" in TLJ Daily E-Mail Alert No. 747, September 26, 2003.

President Bush gave a speech at the signing ceremony. Sen. Ted Stevens (R-AK), a senior member of the Senate Commerce Committee, Rep. Billy Tauzin (R-LA), the Chairman of the House Commerce Committee, Rep. Fred Upton (R-MI), the Chairman of the Telecom and Internet Subcommittee, and Rep. Ed Markey (D-MA), the ranking Democrat on the Subcommittee, attended the event.

Bush stated that "The reason they're here is they acted to a response from the judiciary. They acted, as well, because the American people clearly like the idea of a Do Not Call Registry. After all, since the first sign-up day three months ago, Americans have entered over 50 million telephone numbers in the Do Not Call Registry."

He continued that "Last week, a federal judge objected to the Do Not Call Registry on the grounds that Congress had not authorized its creation. So the House and the Senate authorized its creation. You acted swiftly and I want to congratulate you very much, it's a really good action. The Senate voted 95-0, the House 412-8, this affirmed the decision by the FTC and it's affirmed the wishes of the American people."

Bush added that "The Do Not Call Registry is still being challenged in court. Yet, the conclusion of the American people and the legislative branch and the executive branch is beyond question. So today I'm pleased to sign this important piece of legislation into law."

Bush also stated that the FCC is "ably headed by Michael Powell" and the FTC is "ably headed by Tim Muris".

Rep. John Dingell (D-MI), the ranking Democrat on the House Commerce Committee stated in a release that "I am confident the courts will ultimately overturn these errant court decisions that run counter to the wishes of millions of Americans,” said ranking member Dingell. “In the interim, I encourage the Federal Communications Commission and the Federal Trade Commission to take whatever steps necessary under the law to protect the privacy of consumers who do not want unsolicited calls at home."

9/25. Rep. Henry Waxman (D-CA), Rep. Tom Davis (R-VA), and others introduced HR 3159, the "Government Network Security Act of 2003" on September 24, 2003. It was referred to the House Government Reform Committee, which approved the bill on September 25.

Rep. Davis (at right) stated in a release that "While most of the news coverage on file sharing focuses on the ability of users to illegally trade copyrighted music, movies, and videos, another less publicized dark side to this technology is the risk it poses to the security of computers and the privacy of electronic information".

He added that "File sharing technology is not inherently bad, and it may turn out to have a variety of beneficial applications ... However, as our Committee has learned, this technology can create serious risks for users. This bill takes a common sense approach to protect the computers and networks of the federal government and the valuable information they contain."

The bill recites in its findings that "Peer-to-peer file sharing can pose security and privacy threats to computers and networks by -- (A) exposing classified and sensitive information that are stored on computers or networks; (B) acting as a point of entry for viruses and other malicious programs; (C) consuming network resources, which may result in a degradation of network performance; and (D) exposing identifying information about host computers that can be used by hackers to select potential targets."

It then directs that "the head of each agency shall develop and implement a plan to protect the security and privacy of computers and networks of the Federal Government from the risks posed by peer-to-peer file sharing".

Both House and Senate Committees have examined this issue in hearings.

On March 13, 2003, the House Government Reform Committee held a hearing that focused on the prevalence of pormography on P2P networks. See, record of the hearing [123 pages in PDF].

The Senate Judiciary Committee held a hearing on June 17, 2003 titled "The Dark Side of a Bright Idea: Could Personal and National Security Risks Compromise the Potential of Peer to Peer File Sharing Networks". The members and witnesses focused on privacy and pormography, and barely touched national security issues. See, story titled "Senate Committee Holds Hearing on P2P Networks" in TLJ Daily E-Mail Alert No. 683, June 18, 2003.

The Senate Judiciary Committee held a second hearing on September 9, 2003 that addressed both infringement and security on P2P systems. See, stories titled "Senate Judiciary Committee Hears Testimony on Copyright Infringement on P2P Networks" and "Senate Judiciary Committee Hears Testimony on Porm on P2P Networks", in TLJ Daily E-Mail Alert No. 736, September 10, 2003.

HR 3159 only applies to federal government computers and networks. There is another bill pending in the House that would affect private sector computers. On July 24, 2003, Rep. Joe Pitts (R-PA), Rep. Chris John (D-LA), Rep. John Sullivan (R-OK), Rep. Mike Pence (R-IN), and Rep. Jim DeMint (R-SC) introduced HR 2885, the "Protecting Children from Peer-to-Peer Pormography Act of 2003".

The bill provides that "It is unlawful for any person to distribute peer-to-peer file trading software, or to authorize or cause peer-to-peer file trading software to be distributed by another person, in interstate commerce in a manner that violates the regulations prescribed under subsection (b)(2)." Subsection (b)(2), in turn, requires the FTC to write regulations that impose eleven requirements.

See also, story titled "Representatives Introduce Bill to Protect Children from P2P Smut" in TLJ Daily E-Mail Alert No. 706, July 29, 2003.

9/29. The U.S. Court of Appeals (11thCir) issued two companion opinions on two petitions for review (Nos. 02-10222 and 02-15608) filed by Georgia Power Company (GPC) regarding actions by the Federal Communications Commission (FCC) pertaining to pole attachments rental rates.

GPC filed its first petition (No. 02-1022) after the the FCC's Cable Service Bureau (CSB) had issued an order reducing GPC's rental rate, and after GPC had sought review by the full Commission, but before the Commission had acted. The Appeals Court dismissed this petition as premature. See, opinion [7 pages in PDF].

GPC filed its second petition (No. 02-15608) after the full Commission affirmed the CSB's order. The Appeals Court denied this petition. See, opinion [30 pages in PDF].

No. 02-15608. In this longer opinion the Appeals Court reviewed the history of the 1978 Pole Attachments Act, the pole access provisions of the 1996 Telecom Act, opinions of the 11th Circuit, and the FCC's implementing rules and decisions. (The statute is now codified at 47 U.S.C. § 224.)

In October 2000, GPC notified Teleport Communications Atlanta that it was imposing an annual pole attachment rate of $53.35. Teleport filed a complaint with the FCC arguing that the rate was in excess of the maximum rate permissible under the Pole Attachment Act. GPC argued that the FCC formula failed to provide just compensation because it relied on historical costs rather than fair market value. The CSB, which is now a part of the FCC's Media Bureau, struck GPC's rate. GPC filed an application for administrative review. However, before the FCC acted on this application, GPC filed its first petition for review with the 11th Circuit (No. 02-10222). After the full Commission affirmed the CSB order, GPC filed its second petition for review (No. 02-15608). Teleport intervened in both proceedings.

In this second petition (No. 02-15608), GPC challenged the FCC's order affirming a decision of the FCC's CSB which reduced GPC's $53.35 annual pole rental rate to between $6.56 and $8.24. GPC argued that the FCC acted arbitrarily and capriciously in numerous ways when it ruled on the pole attachment rate dispute between GPC and intervenor Teleport. The Appeals Court held that the FCC did not act arbitrarily or capriciously, and therefore denied the petition for review.

This proceeding is Georgia Power Company v. Federal Communications Commission and U.S.A, respondents, and Teleport Communications Atlanta, Inc., intervenor, No. 02-15608, a petition for review of an order of the FCC in FCC Docket No. PA 00-005.

No. 02-10222. In this brief opinion, the Appeals Court dismissed GPC's first petition for review as premature.

The Court wrote that there are just two issues in this proceeding: "First, should the intervenors' brief in support of Georgia Power be stricken because it injects new issues into this appeal? Second, should the Federal Communications Commission's (FCC) motion to dismiss be granted because Georgia Power acted prematurely in filing the first petition?"

First, the Appeals Court ruled that the intervenors' brief must be striken. It wrote that "In its first petition, Georgia Power complained that the proper method for determining just compensation must use the replacement costs, not the historical costs. It argued that, unless replacement costs are used, the FCC formula denies Georgia Power just compensation for the taking mandated by the Telecommunications Act." In contrast, "In their briefs on the first petition, the utility intervenors raise a different argument. They claim that only the courts can determine just compensation for a taking and that FCC can play no role in awarding just compensation to Georgia Power."

The Appeals Court held both that "an intervenor is precluded from raising issues not raised by the principal parties", and that "this argument has been raised before, and we have rejected it". It therefore granted the FCC's motion to dismiss the intervenors' brief.

Second, the Appeals Court ruled that Georgia Power's first petition is premature, and must be dismissed. The Court held that since Georgia Power filed the present petition (02-10222) after the CSB had issued its order, but before the Commission had an opportunity to rule on the application for review, and only final agency actions are subject to judicial review, there was no final agency action, and the petition for review is premature.

The Court elaborated that "Georgia Power can get judicial review of the Cable Services Bureau’s order only if both of the following two conditions are satisfied: (1) it files an application for review by the full Commission, and (2) the relevant order becomes final. Unfortunately for Georgia Power, satisfying the first condition makes a ruling from the full FCC the only means of satisfying the second condition. The Cable Services Bureau’s order would become final if Georgia Power did not file an application for review, but once it files an application for review, the subordinate unit’s order is non-final, and hence non-reviewable ..."

This proceeding is Georgia Power Company v. Federal Communications Commission and U.S.A, respondents, and Teleport Communications Atlanta, Inc., Duke Energy Corp., American Electric Power Service Corp., intervenors, No. 02-10222, a petition for review of an order of the FCC's CSB in FCC Docket No. PA 00-005.

The U.S. Court of Appeals for the Eleventh Circuit does not have exclusive jurisdiction over petitions for review in pole attachments cases. It just appears that it does. The three judge panel for both of these opinion was comprised of Judges Black, Marcus and Middlebrooks. Judge Black wrote both opinion.

9/24. The U.S. Court of Appeals (DCCir) issued an Order [PDF] in the proceeding captioned "In re: Cellular Telecommunications & Internet Association". The CTIA seeks a writ of mandamus compelling the Federal Communications Commission (FCC) to act on several outstanding implementation issues regarding number portability.

The Court ordered that the FCC "file a response to the mandamus petition, not to exceed 30 pages, within 30 days of the date of this order." The one page Order adds that the CTIA may file a reply within 40 days. This is Appeals Court No. 03-1270.

Tom Wheeler, P/CEO of the CTIA, stated in a release that "Wireless carriers have been working overtime on the technical issues within our control. But, this isn’t something that can be done solo; it is up to the FCC to determine the rules of the game -- including telling the wireline carriers that portability applies to them, as well. We went to court only after the FCC didn’t answer a set of basic implementation issues. With this mandamus, we simply asked the court to tell the FCC to make those decisions. We are therefore pleased the court has asked the FCC to justify its inaction."

There is another proceeding in the DC Circuit on a separate petition for writ of mandamus pertaining to number portability. On August 29, AT&T Wireless, Cingular Wireless, and AllTel filed a petition for writ of mandamus. They seek a writ staying or enjoining the November 24, 2003 deadline for wireless carriers to provide number portability. The Appeals Court has also issued an order in that proceeding that the FCC file a response.

9/29. The Senate confirmed Carlos Bea to be a Judge of the U.S. Court of Appeals (9thCir) by a vote of 84-0. See, Roll Call No. 368.

9/29. President Bush nominated William Haynes (at right) to be a Judge of the U.S. Court of Appeals (4thCir). See, White House release. Haynes is General Counsel at the Department of Defense. He has previously worked as a partner at the law firm of Jenner & Block and as a VP and Associate General Counsel at General Dynamics Corporation.

9/29. President Bush nominated Raymond Gruender to be Judge of the U.S. Court of Appeals (8thCir). See, White House release. Gruender is the U.S. Attorney for the Eastern District of Missouri.

9/29. Meribeth McCarrick was named Associate Director of the Federal Communications Commission's (FCC) Office of Media Relations. She has worked for the FCC since 1994. See, FCC release [PDF].

9/29. Dan Iannicola was named Deputy Assistant Secretary for Financial Education at the Treasury Department. See, release.

The House will meet at 12:30 PM for morning hour and at 2:00 PM for legislative business. The House will consider several non-tech related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Republican Whip Notice.

8:30 AM - 6:00 PM. Day one of a two day conference titled "Workshop on Regional, State and Local Initiatives in Nanotechnology", hosted by the Department of Commerce (DOC) and the National Nanotechnology Coordination Office (NNCO). See, agenda [PDF]. Location: DOC, Main Auditorium, 14th Street and Constitution Ave., NW.

Day three of a four day conference hosted by the Appalachian Regional Commission titled "RuralTelCon03". At 9:00 AM, Technology Administration Assistant Secretary Bruce Mehlman will give a speech titled "How Broadband is Being Used in Rural America". See, conference website. Location: Hyatt Regency Hotel, 400 New Jersey Ave., NW.

9:30 AM. The Senate Commerce Committee will hold a hearing regarding the telemarketing do not call registry. The witnesses will include Federal Trade Commission (FTC) Chairman Timothy Muris, Federal Communications Commission (FCC) Chairman Michael Powell, Gerald Cerasale of the Direct Marketers Association, and Tim Searcy of the American Teleservices Association. Sen. John McCain (R-AZ) will preside. See, notice. Press contact: Rebecca Hanks (McCain) at 202 224-2670 or Andy Davis (Hollings) at 202 224-6654. Location: Room 253, Rayburn Building.

10:00 AM. The Senate Banking Committee will hold a hearing titled "State of the Securities Industry". Securities and Exchange Commission (SEC) Chairman William Donaldson will testify. See, notice. Location: Room 538 Dirksen Building.

10:00 AM. The Senate Governmental Affairs Committee's Investigations Subcommittee will hold a hearings to examine illegal file sharing on peer-to-peer networks and the impact of technology on the entertainment industry. Location: Room 106, Dirksen Building.

Deadline to submit applications to the National Institute of Standards and Technology (NIST) for its Electronics and Electrical Engineering Laboratory Grants Program (EEEL). The NIST stated that the EEEL Grants Program provides "grants and cooperative agreements for the development of fundamental electrical metrology and of metrology supporting industry and government agencies in the broad areas of semiconductors, electronic instrumentation, radio-frequency technology, optoelectronics, magnetics, video, electronic commerce as applied to electronic products and devices, the transmission and distribution of electrical power, national electrical standards (fundamental, generally  quantum-based physical standards), and law enforcement standards." See, notice in the Federal Register, February 20, 2003, Vol. 68, No. 34, at Pages 8211-8226.

Deadline to submit comments to the Transportation Security Administration (TSA) in response to it second Privacy Act notice and request for comments regarding its proposal to establish a new system of records to support the development of a new version of the Computer Assisted Passenger Prescreening System, CAPPS II. See, Federal Register, August 1, 2003, Vol. 68, No. 148, at Pages 45265 - 45269.

The House will meet at 10:00 AM for legislation business. See, Republican Whip Notice.

9:00 AM - 4:00 PM. Day two of a two day conference titled "Workshop on Regional, State and Local Initiatives in Nanotechnology", hosted by the Department of Commerce (DOC) and the National Nanotechnology Coordination Office (NNCO). See, agenda [PDF]. Location: DOC, Main Auditorium, 14th Street and Constitution Ave., NW.

9:00 AM - 5:00 PM. Day one of a two day meeting of the Federal Bureau of Investigation's (FBI) Compact Council for the National Crime Prevention and Privacy Compact. See, notice in the Federal Register: August 28, 2003, Vol. 68, No. 167, at Page 51807. Location: Radisson Hotel Old Town Alexandria, 901 North Fairfax Street, Alexandria, VA.

10:00 AM. The Senate Judiciary Committee will hold a hearing on the nomination of Dora Irizarry to be a Judge of the U.S. District Court for the Eastern District of New York. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

1:00 PM. The House Homeland Security Committee will hold a hearing on fraudulent identification and the threat posed to homeland security. See, notice. Press contact: Liz Tobias at 202 226-9600. Location: Room 2318, Rayburn Building.

2:00 PM. The House Judiciary Committee's Subcommittee on Commercial and Administrative Law will hold a hearing titled "The Streamlined Sales Tax Agreement: States’ Efforts to Facilitate Sales Tax Collection from Remote Vendors". The hearing will be webcast. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

Day four of a four day conference hosted by the Appalachian Regional Commission titled "RuralTelCon03". See, conference website. Location: Hyatt Regency Hotel, 400 New Jersey Ave., NW.

The Federal Trade Commission's (FTC) will require full compliance with its amended Telemarketing Sales Rule as of October 1, 2003. See, notice in the Federal Register, April 4, 2003, Vol. 68, No. 65, at Pages 16414 - 16415.

U.S. Patent and Trademark Office (USPTO) rules changes pertaining to USPTO fees takes effect. See, notice in the Federal Register July 14, 2003, Vol. 68, No. 134, at Pages 41532 - 41535. However, legislation is pending in the Congress that would supercede this rule. On July 9, 2003 the House Judiciary Committee approved HR 1561, the "United States Patent and Trademark Fee Modernization Act of 2003". See, story titled "House Judiciary Committee Approves USPTO Fee Bill" in TLJ Daily E-Mail Alert No. 695, July 10, 2003.

The House will meet at 10:00 AM for legislation business. See, Republican Whip Notice.

8:00 AM - 12:15 PM. There will be a conference titled "Dialogue on Nanotechnology and Federal Regulation". Department of Commerce (DOC) Deputy Under Secretary Ben Wu will speak at 9:00 AM. on the potential regulatory issues that may emerge from nanotechnology research and commercialization. See, notice. Location: Woodrow Wilson International Center for Scholars, 1300 Pennsylvania Ave., NW, 5th Floor Conference Room.

9:30 AM. The Senate Commerce Committee will hold a hearing on media ownership. The hearing will be webcast. See, notice. Press contact: Rebecca Hanks (McCain) at 202 224-2670 or Andy Davis (Hollings) at 202 224-6654. Location: Room 253, Russell Building.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Practice Committee will host a brown bag lunch. The topic will be "Antitrust Law and the Telecommunications Act of 1996: Broader Implications of the Supreme Court Trinko Case". The speakers will include Donald Russell (Robbins Russell), John Thorne (Verizon), and Chris Wright (Harris Wiltshire). RSVP to Cecelia Burnett at 202 637-8312 or cmburnett@hhlaw.com. This event was originally scheduled for September 18, but was rescheduled because of Hurricane Isabel. Location: Hogan & Hartson, 555 13th Street, NW, lower level.

The rules changes regarding the unbundling requirements of incumbent local exchange carriers (ILECs) that are contained in the Federal Communications Commission's (FCC) triennial review order [576 pages in PDF] take effect. See also, notice in the Federal Register, September 2, 2003, Vol. 68, No. 169, at Pages 52275 -  52306, describing the rules changes. See also, TLJ story titled "Summary of FCC Triennial Review Order", also published in TLJ Daily E-Mail Alert No. 725, August 25, 2003. See also, stories titled "FCC Announces UNE Report and Order", "FCC Order Offers Broadband Regulatory Relief", "FCC Announces Decision on Switching", "Commentary: Republicans Split On FCC UNE Order", and "Congressional Reaction To FCC UNE Order" in TLJ Daily E-Mail Alert No. 609, February 21, 2003.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding the portion of the FCC's triennial review order [576 pages in PDF] that contains a notice of proposed rulemaking [NPRM] regarding modifications to the FCC's rules implementing 47 U.S.C. § 252(i), which requires local exchange carriers (LECs) to make available to other telecommunications carriers interconnection agreements approved under Section 252. See, notice in the Federal Register, September 2, 2003, Vol. 68, No. 169, at Pages 52307 - 52312, and September 2 FCC release [3 pages in PDF].

The House will meet at 9:00 AM for legislation business. See, Republican Whip Notice.

9:00 AM - 5:00 PM. Day two of a two day meeting of the Federal Bureau of Investigation's (FBI) Compact Council for the National Crime Prevention and Privacy Compact. See, notice in the Federal Register: August 28, 2003, Vol. 68, No. 167, at Page 51807. Location: Radisson Hotel Old Town Alexandria, 901 North Fairfax Street, Alexandria, VA.

10:00 AM. The Trade Policy Staff Committee (TPSC) will hold a public hearing to assist the U.S. Trade Representative (USTR) in preparing a report to the Congress on the People's Republic of China's compliance with its World Trade Organization (WTO) obligations. Location: Truman Room, White House Conference Center, 726 Jackson Place, NW. This hearing had previously been scheduled for September 18, but was postponed because of the weather.

12:00 NOON. The Cato Institute will host a panel discussion titled "Regulations ``R´´ U.S.? The State of the Regulatory State". The speakers will be John Graham (Office of Management and Budget), David Schoenbrod (New York Law School), and Clyde Wayne Crews (Cato). See, notice. Lunch will be served. Location: Room B-369, Rayburn Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Practice Committee will host a lunch. Bill Maher, Bureau Chief of the Federal Communications Commission's (FCC) Wireline Competition Bureau will address common carrier issues relevant to the wireless industry, including intermodal local number portability (LNP), intercarrier compensation and the triennial review order. The price to attend is $15.00. RSVP to Wendy Parish at wendy@fcba.org by 5:00 PM on Tuesday, September 30th. Location: Sidley & Austin, 1501 K Street, NW, Conference Room 6E.

Yom Kippur.

The Supreme Court begins its October 2003 term.

Extended deadline to submit comments to the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Subcommittee on Research Business Models regarding the relationship between federal agencies and researchers. The NSTC published its original notice in the Federal Register on August 6 stating that it "is undertaking a review of policies, procedures, and plans relating to the business relationship between federal agencies and research performers with the goal of improving the performance and management of federally sponsored basic and applied scientific and engineering research." See, Federal Register, August 6, 2003, Vol. 68, No. 151, at Pages 46631 - 46632. See also, notice of extension in the Federal Register, September 16, 2003, Vol. 68, No. 179, at Pages 54226 - 54227.

9/26. Federal Reserve Board Chairman Alan Greenspan gave a speech to the 33rd Annual Legislative Conference of the Congressional Black Caucus in Washington DC. He stated that today, "the advance of telecommunications technologies and the development of other new technological tools have broadened the availability of credit and other banking services. More generally, these advances mean consumers must be familiar with the role that computers play in the conduct of every traditional financial transaction, from withdrawing funds to borrowing." He added that "household and business borrowers have benefited from the technological developments that have enhanced financial services, and their remarkable growth. Computer and telecommunications technologies have lowered the cost and broadened the scope of such services."

9/26. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register announcing and summarizing new regulations implementing the Madrid Protocol Implementation Act of 2002, and amendments to existing regulations both to implement the Act and revise the procedures for processing trademark applications and conducting proceedings before the Trademark Trial and Appeal Board. The new rules take effect on November 2, 2003. See, Federal Register: September 26, 2003, Vol. 68, No. 187, at Pages 55747 - 55781. The Congress enacted this Act as a part of HR 2215 (107th), a bill to authorize appropriations for the Department of Justice for FY 2002, and other purposes.

9/29. The U.S. Patent and Trademark Office's (USPTO) Trademark Trial and Appeal Board (TTAB) announced that it unveiled TTABVue. The USPTO describes this as "a system that allows users to view images of documents relating to trademark disputes on the Internet. TTABVue includes images of most documents filed since January 2003. Some earlier records covering the period June 2001 to January 2003 also are available." See, USPTO release.