House Judiciary Committee Approves Spyware
Bill |
9/8. The House
Judiciary Committee amended and approved
HR 4661,
the "Internet Spyware (I-SPY) Prevention Act of 2004" by
voice votes. See,
bill as
introduced, and as
bill
as amended.
Rep. Bob
Goodlatte (R-VA), Rep. Zoe Lofgren
(D-CA), and Rep. Lamar Smith (R-TX),
who are all members of the House Judiciary Committee, and its Subcommittee on
Courts, the Internet and Intellectual Property, introduced this bill on June 23,
2004. See,
story titled "Judiciary Committee Members Introduce Spyware Bill" in
TLJ
Daily E-Mail Alert No. 928, June 29, 2004.
The House
Commerce Committee has already approved its spyware bill,
HR 2929, the
"Safeguard Against Privacy Invasions Act" or "SPY Act",
sponsored by Rep. Mary Bono (R-CA). See,
story titled "House Commerce Committee Approves Spyware Bill" in
TLJ Daily E-Mail
Alert No. 926, June 25, 2004.
HR 4661 (Judiciary bill) would add a new Section 1030A to the Criminal Code titled
"Illicit indirect use of protected computers" to create two criminal
prohibitions related to some of the more egregious forms of spyware.
First, it provides that "Whoever intentionally accesses a protected computer
without authorization, or exceeds authorized access to a protected computer, by
causing a computer program or code to be copied onto the protected computer, and
intentionally uses that program or code in furtherance of another Federal
criminal offense shall be fined under this title or imprisoned not more than 5
years, or both."
Second, it provides that "Whoever intentionally accesses a protected computer
without authorization, or exceeds authorized access to a protected computer, by
causing a computer program or code to be copied onto the protected computer, and
by means of that program or code---
(1) intentionally obtains, or transmits to another, personal
information with the intent to defraud or injure a person or cause damage to a
protected computer; or
(2) intentionally impairs the security protection of the protected
computer;
shall be fined under this title or imprisoned not more than 2 years, or both."
HR 2929 (Commerce bill) contains two sets of prohibitions. First, it prohibits
deceptive acts or practices related to spyware. It provides that "It is unlawful
for any person, who is not the owner or authorized user of a protected computer,
to engage in deceptive acts or practices in connection with any of the following
conduct with respect to the protected computer". It then enumerates nine
categories of such deceptive acts or practices, including taking control of a
computer, modifying settings related to a computer's access to the internet, and
collecting personally identifiable information through keystroke logging.
Second, HR 2929 prohibits the collection of certain information without notice
and consent.
Rep. Lofgren (at right)
stated that the Judiciary Committee bill is better because it "goes after
wrongdoing" and criminal activity, while the Commerce Committee bill limits
technology.
The Committee approved an amendment in the nature of a substitute offered by
Rep. Goodlatte, and then the bill, as amended. The amendment made one minor
technical change to the prohibitions section.
The amendment also added two new sections. First, it added an authorization for the
appropriation of $10 Million per year "for prosecutions needed to discourage the
use of spyware and the practice commonly called phishing".
Second, it added a section that states the findings and sense of the Congress
with respect to spyware and phishing.
The Committee rejected an amendment offered by
Rep. Bobby Scott (D-VA). It would have
repealed the provision in the bill precluding a private right of action based upon
the criminal provisions created by the bill. That is, it would have removed the
language that provided that "No person may bring a civil action under the law
of any State if such action is premised in whole or in part upon the defendant's
violating this section."
Rep. Scott's amendment was rejected on a voice vote. The Committee then
approved the amendment in the nature of a substitute on a voice vote. Finally,
the Committee voted to report the bill, as amended, in a unanimous voice vote.
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House Judiciary Committee
Approves Intellectual Property Bills |
9/8. The House
Judiciary Committee amended and approved
HR 4077,
the "Piracy Deterrence and Education Act of 2004" by voice votes. The
Committee approved an amendment in the nature of a substitute offered by
Rep. Lamar Smith (R-TX) that added
the language of
HR 4586,
the "Family Movie Act of 2004", which is also known as the ClearPlay bill.
HR 4077 was already an amalgamation of many amendments to copyright law. The
addition of HR 4586 expands its scope further.
Family Movie Act. The Subcommittee on Courts, the Internet and Intellectual
Property (CIIP) held a hearing on the ClearPlay issue on May 20, 2004. See, story titled
"House CIIP Subcommittee Holds Hearing on DVD Filtering Technology" in
TLJ Daily E-Mail
Alert No. 903, May 21, 2004. Rep. Smith and
Rep. Randy Forbes (R-VA)
introduced HR 4586 on June 16, 2004. On July 8, the CIIP Subcommittee amended
and approved the bill. On July 21, the full Committee amended and approved the
bill.
The "Family Movie Act" is now Section 12 of HR 4077. It provides
an exemption from copyright infringement for skipping content.
It would add a new paragraph (11) to
17 U.S.C. § 110.
Section 106 lists the exclusive rights of copyright. Section 110 provides that
"Notwithstanding the provisions of section 106, the following are not
infringements of copyright: ..." It currently contains ten numbered exemptions.
This present bill would add an eleventh, which reads as follows:
"(11)(A) the making of limited portions of audio or video
content of a motion picture imperceptible by or for the owner or other lawful
possessor of an authorized copy of that motion picture in the course of viewing
of that work for private use in a household, by means of consumer equipment or
services that (i) are operated by an individual in that household; (ii) serve
only such household; and (iii) do not create a fixed copy of the altered
version; and
(B) the use of technology to make such audio or video content
imperceptible, that does not create a fixed copy of the altered version."
The bill also contains a similar exemption for trademark infringement.
Rep. Smith (at left) argued at the markup
session that this language would permit the
sale and use of products that would enable families to watch movies without violent or
pormographic scenes.
Rep. Smith is the Chairman of the CIIP Subcommittee.
Rep. Howard Berman (D-CA) is the
ranking Democrat. Usually, they work with a high degree of cooperation and
coordination to advance legislation that protects intellectual property rights.
For example, they cosponsored the original version of HR 4077. However, Rep.
Berman opposed HR 4586, and opposed adding the language of HR 4586 to
HR 4077.
Rep. Berman (at right) represents a district
in southern California that is home to many people who work in the movie industry.
Many of his constituents oppose the Family Movie Act. He argued that this bill would
restrict their "artistic freedom".
He also argued that it "wrongfully takes sides in ongoing litigation". There
is a pending lawsuit regarding ClearPlay's technology -- Huntsman v.
Soderbergh, U.S. District Court for the District of Colorado, D.C. No.
02-1662 (MJW). This case involves legal issues of copyright infringement,
derivative works, and Section 43 of the Lanham Act.
Rep. Berman also argued at this meeting that this bill could have an
unintended consequence. That is, he asserted that it might be used insulate from
copyright infringement claims products that not only to decrease the level of
violence or pormography, but also those that increase the level of violence or pormography.
He said that it might turn out to be the "pormography enhancement
act".
Rep. Coble stated that he was concerned that the language of the bill would
also protect companies that make products that enable users to remove
commercial advertisements from free over the air television broadcasts, and that
this, in turn, could undermine the economic basis of free television. Rep. Smith
argued that the bill would not have this effect, and that he would include in
committee report language a statement that clarifies this interpretation.
The House Judiciary Committee previously passed HR 4586 as a stand alone
bill. Neither Rep. Smith, nor any other member of the Committee, explained the reason
for, or strategy behind joining these two bills together.
Piracy Deterrence and Education Act. The bulk of the HR 4077 is the
"Piracy Deterrence and Education Act". It contains numerous
provisions.
Rep. Smith, Rep. Berman, and Rep.
John Conyers (D-MI), introduced this bill on March 31, 2004. The CIIP
Subcommittee also approved it on that date. Although, it contains provisions
from earlier legislation.
It would create a voluntary program at the
Department of Justice (DOJ) under which the DOJ would "in cases where
persons who are subscribers of Internet service providers appear to be engaging
in copyright infringing conduct in the course of using that Internet service,
would send to the Internet Service providers notices that warn such persons
of the penalties for such infringement." It then provides that the ISPs "may
forward the notices to such persons".
It would also require the any unit at the DOJ "responsible for investigating
computer hacking or responsible for investigating intellectual property crimes
is assigned at least one agent to support such unit for the purpose of
investigating crimes relating to the theft of intellectual property".
It would also create an internet use education program at the DOJ to "educate
the general public concerning the value of copyrighted works and the effects of
the theft of such works on those who create them", and concerning privacy and
security risks.
It would also authorize the appropriation of $15 Million for FY 2005 for the
investigation and prosecution of violations of Title 17.
It would also create new criminal penalties for unauthorized recording of
movies in motion picture exhibition facilities. This is aimed at those who take
camcorders into movie theatres and surreptitiously copy movies, thereby enabling
pirates to obtain and market copies of movies as soon as they are shown in a
theatres.
It also contains a statement of the sense of the Congress regarding the
threats posed by certain "popular publicly accessible peer-to-peer file sharing
software programs".
Finally, it would enhance criminal penalties for certain acts of copyright
infringement, and amend the federal sentencing guidelines.
In the end, both the amendment in the nature of a substitute, and the bill as
amended, were approved by voice votes. Rep. Berman voted for final passage.
However, the bill does have some critics. For example, Gigi Sohn, the President of
Public Knowledge, a Washington DC based
anti-intellectual property group, released a statement in she criticized the provisions
enhancing criminal penalties. She wrote that "we continue to be disappointed that
the Committee has established ``offering for distribution´´ as the basis for a criminal
copyright violation, and ``making available´´ as the basis for a civil violation. Those
standards are far too vague, and could include material stored on computers and shared on
networks. The bill is a departure from existing copyright principles by imposing
liability on those who make material available, regardless of whether there is any
infringement." She added that "The new standard would also criminalize what is
now lawful use of copyrighted materials while putting undue restrictions on the use of
innovative technology such as Wi-Fi networks."
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9th Circuit Rules State Claim for Breach of
Implied in Fact Contract Is Not Preempted by Copyright Act |
9/8. The U.S. Court of Appeals
(9thCir) issued its
opinion [5 pages in PDF] in Grosso v. Miramax, a case involving
preemption of state claims by the federal Copyright Act.
Jeff Grosso wrote a screenplay titled "The Shell Game", which he disclosed to
Miramax. Miramax did not purchase rights in his work, but made a move titled "Rounders".
Grosso claims that Miramax used his ideas and themes, without compensating him.
Grosso filed a complaint in U.S.
District Court (CDCal) against Miramax and others alleging breach of contract under
California law, and violation of his copyright in his screenplay. The District Court
granted Miramax summary judgment on the copyright claim, and dismissed the state
contract claim as preempted by the federal Copyright Act.
The Court of Appeals affirmed the summary judgment
on the copyright claim with little discussion. It held that the two works simply
were "not substantially similar". However, it reversed the dismissal of the
contract claim.
The Court wrote that under California law, to establish a claim for breach of
implied-in-fact contract, "the plaintiff must show that the plaintiff prepared
the work, disclosed the work to the offeree for sale, and did so under circumstances
from which it could be concluded that the offeree voluntarily accepted the disclosure
knowing the conditions on which it was tendered and the reasonable value of the work."
And, the Court concluded that under California law, Grosso adequately plead a
state law claim for breach of implied contract.
The question on appeal then was whether this claim is preempted
the relevant section of the Copyright Act, which is codified at
17 U.S.C. § 301.
The Court reasoned that this section "establishes a two-part test. Claims under
state law are preempted where: (1) the work at issue comes within the subject matter of
copyright, and (2) the state law rights are ``equivalent to any of the exclusive rights
within the general scope of copyright.´´"
The question is thus whether the rights protected by the California law of
implied-in-fact contract "are equivalent to the rights protected by copyright. To
survive preemption, the state cause of action must protect rights that are qualitatively
different from the rights protected by copyright: the complaint must allege an
``extra element´´ that changes the nature of the action."
The Court concluded that the implied
promise to pay required in the state cause of action is an extra element for preemption
purposes. Thus, the state claim survives the preemption motion, and that claim is
remanded to the District Court. Of course, whether Grosso can prove that state
claim is another matter.
This case is Jeff Grosso v. Miramax Film Corp., et al., U.S. Court of
Appeals for the 9th Circuit, App. Ct. No. 01-57255, an appeal from the U.S. District
Court for the Central District of California, Judge Audrey Collins presiding. Judge Mary
Schroeder wrote the opinion of the Court of Appeals, in which Judges David Thompson and
Susan Graber.
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Correction |
The story titled "Senate Judiciary Committee Announces Agenda
for September 9 Meeting" in yesterday's issue, TLJ Daily E-Mail Alert No. 972,
September 9, 2004, at paragraph 9, incorrectly stated that the Senate Judiciary
Committee has not passed
HR 1561, the "United States Patent and Trademark Fee Modernization Act of
2003". In fact, the Senate Judiciary Committee approved the bill on April
29, 2004, without amendment. The full Senate has not passed the bill.
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People and Appointments |
9/8. Mark Wigfield was named Wireline Liaison Specialist for the
Federal Communications Commission's (FCC)
Wireline Competition Bureau (WCB). The FCC stated
in a release that he "will manage public affairs for WCB, and will be the primary contact
for press inquiries regarding WCB’s activities on conventional wireline telephony,
emerging Internet telephony and other broadband services, universal service
subsidies and other matters affecting the telecommunications industry and its
users." He was previously a reporter in the Washington Bureau of Dow Jones Newswires. He
covered communications, technology, and antitrust. His number at the FCC is 202
418-0253.
9/7. President Bush announced his intent to appoint the following people to
the President's National Security Telecommunications Advisory Committee:
Lawrence Babbio (Vice Chairman and President of
Verizon), Gregory Brown (EVP of
Motorola),
Ken Dahlberg (P/CEO of
Science Applications International Corporation),
William Hannigan (President of AT&T),
Stan Sigman (P/CEO of
Cingular), and Joseph Wright (PanAmSat).
See, White House
release.
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Washington Tech Calendar
New items are highlighted in red. |
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Thursday, September 9 |
The House will meet at 10:00 AM for legislative
business. See,
Republican Whip
Notice.
The Senate will meet at 9:30 AM for morning business. It will
then resume consideration of
HR 4567,
the Department of Homeland Security Appropriations Act for FY 2005.
9:30 AM. The Federal Communications
Commission (FCC) will hold a meeting. See,
agenda [4 pages in PDF]. The event will be webcast. Location:
FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).
TIME CHANGE. 10:00 AM. The
Senate Judiciary Committee will hold an
executive business meeting. The agenda includes consideration of numerous items, including
S 1635, the
"L-1 Visa (Intracompany Transferee) Reform Act of 2003" sponsored by
Sen. Saxbe Chambliss (R-GA). This bill has
been placed on the Committee's agenda many times in the past, only to be held over.
The agenda also includes
HR 1417,
the "Copyright Royalty and Distribution Reform Act of 2004", a bill to amend
the Copyright Act to replace copyright arbitration royalty panels with Copyright Royalty
Judges. The House has already passed this bill. The agenda also includes consideration
of judicial nominees, including Claude Allen (to be a Judge of the U.S. Court of Appeals
for the 4th Circuit), and David Nahmias (Northern District of Georgia). Press
contact: Margarita Tapia at 202 224-5225. See,
notice.
Location: Room 226, Dirksen Building.
10:00 AM. The
Senate Appropriations
Committee's Subcommittee on Transportation, Treasury and General Government will
meet to mark up the appropriations bill for the Departments of Transportation and
Treasury, the Executive Office of the President, and certain independent agencies for
FY 2005. Location: Room 116, Dirksen Building.
2:00 - 4:30 PM. The Federal Communications
Commission (FCC) will hold an event titled "Discussion on
the Debt Collection Improvement Act Rules and Rules Governing Applications or Other
Request for Benefits by Debtors". See, original
notice
[PDF] and
rescheduling
notice [PDF]. Location: FCC, Commission Meeting Room, 445 12th Street, SW.
2:00 - 4:00 PM. The American Enterprise
Institute (AEI) will host a demonstration titled "How NASDAQ's
Electronic Market Works". The speakers will be Frank Hatheway and
Peter Marlyn (NASDAQ) and Peter Wallison (AEI). See,
notice. Location: AEI, Twelfth floor, 1150 17th St., NW.
2:00 PM. Federal Communications Commission
(FCC) Chairman Michael Powell
will participate in an event "Launch of New Kidszone Web Site". Press contact:
Rosemary Kimball at 202 418-0511. Location: Amidon Elementary School, 401 Eye Street,
SW.
Deadline to submit comments to the National
Institute of Standards and Technology (NIST) regarding its
notice
in the Federal Register that it intends to
withdraw Federal Information Processing Standard (FIPS) 46–3, which
specified the Data Encryption Standard (DES), and the associated FIPS 74 and
FIPS 81. The NIST has determined that "the strength of the DES algorithm is no
longer sufficient to adequately protect Federal government information". See,
Federal Register, July 26, 2004, Vol. 69, No. 142, at Pages 44509 - 44510. Send
comments to descomments@nist.gov.
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Friday, September 10 |
8:00 AM - 5:30 PM. The George Mason School of Law's
(GMULS) Journal of Law, Economics and Policy will host a one day symposium
titled "The Economics of Self Help and Self Defense in Cyberspace".
See,
event brochure [PDF]. The event is free, but requires pre-registration.
Location: GMUSL, 3301 Fairfax Drive, Arlington, VA.
9:30 - 11:00 AM. The
Progressive Policy Institute (PPI)
will host a panel discussion titled "Telecommunications Reform: Is the
“Network Layers” Approach the Right One?". The speakers will be Rick Whitt
(Senior Director of Global Policy and Planning at WorldCom), Link Hoeing
(Assistant Vice President, Issues Management and Technology Policy at
Verizon), and Rob Atkinson (Director of the PPI's Technology and New Economy
Project). See,
paper [74 pages in PDF] titled "A Horizontal Leap Forward: Formulating A New
Public Policy Framework Based On The Network Layers Model" by Rick Whitt;
paper titled "A Layered Model for Internet Policy" by
Kevin Werbach; and
paper [19
pages in PDF] titled "From Consumers to Users: Shifting the Deeper Structures
of Regulation Toward Sustainable Commons and User Access" by
Yochai Benker. The event is free. Breakfast
will be served. Location: PPI, 600 Pennsylvania Ave., SE, Suite 400.
POSTPONED TO SEPTEMBER 16.
12:00 NOON. Dane
Snowden, Chief of the Federal Communications
Commission's (FCC) Consumer & Governmental
Affairs Bureau, will hold a press briefing. RSVP to Rosemary Kimball at 202
418-0511 or rosemary.kimball@fcc.gov.
Location: FCC, 445 12th St., SW, Hearing Room B/Conference Room, TW A-402/A-442.
Extended deadline to submit comments to the
Federal Communications Commission
(FCC) in response to its public notice (DA 04-1690) requesting public comments
on constitutionally permissible ways for the FCC to identify and eliminate
market entry barriers for small telecommunications businesses and to further
opportunities in the allocation of spectrum-based services for small
businesses and businesses owned by women and minorities. See, original
notice in the Federal Register, June 22, 2004, Vol. 69, No. 119, at Pages
34672 - 34673; and,
notice of extension [PDF].
Deadline to submit requests to testify at the September 23 public hearing
of the Office of the U.S. Trade Representative
(USTR) regarding the USTR's annual report to the Congress on the Peoples Republic of
China's compliance with the commitments that it made in connection with its
accession to the World Trade Organization (WTO).
Requesters must also submit a copy of their written testimony. See,
notice in the Federal Register, July 29, 2004, Vol. 69, No. 145, at Pages
45369 - 45370.
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Monday, September 13 |
9:00 AM - 5:30 PM. Day one of a two day
workshop cosponsored by the Federal Trade Commission
(FTC) and the Georgetown Journal of Legal Ethics titled "Protecting
Consumer Interests in Class Actions". See, FTC
notice.
Press contact: Claudia Farrell at 202 326-2181. Staff contact: John
Delacourt (Office of Policy Planning) at 202 326-3754.
9:30 AM. The
House Commerce Committee's Subcommittee
on Telecommunications and the Internet will hold a hearing titled "The Effect
of Television Violence on Children: What Policymakers Need to Know". See,
notice
of hearing. This hearing will be held in Chicago, Illinois, but will also be webcast by
the Committee.
TIME CHANGE. 9:30 AM. The Senate Judiciary
Committee's Subcommittee on Terrorism, Technology and Homeland Security will hold
a hearing titled "A Review of the Tools to Fight Terrorism Act".
Sen. Jon Kyl (R-AZ) will preside. Press contact:
Margarita Tapia at 202 224-5225. Location: Room 226, Dirksen Building.
2:00 PM. The U.S. Court of Appeals
(DCCir) will hear oral argument in Delta Radio Inc v. FCC, No.
03-1295 Location: Courtroom __, Prettyman Courthouse, 333 Constitution Ave., NW.
Deadline to submit comments to the Library of Congress in response to its notice
of proposed rulemaking (NPRM) regarding continuation, with a few modifications, of the
procedures adopted by the Copyright Office in 1995 that permit copyright applicants to
request reconsideration of decisions to refuse registration. See,
notice in the Federal Register, July 13, 2004, Vol. 69, No. 133, at Pages
42004-42007.
Deadline to submit comments to the Federal
Trade Commission (FCC) in response to its notice of proposed rulemaking (NPRM) to
implement the Controlling the Assault of Non-Solicited Pormography and Marketing Act
of 2003 (CAN-SPAM Act). See,
notice in the
Federal Register, August 13, 2004, Vol. 69, No. 156, at Pages 50091 - 50107.
There is no reply comment period.
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Tuesday, September 14 |
9:00 AM - 12:15 PM. Day two of a two day
workshop cosponsored by the Federal Trade Commission
(FTC) and the Georgetown Journal of Legal Ethics titled "Protecting
Consumer Interests in Class Actions". See, FTC
notice.
Press contact: Claudia Farrell at 202 326-2181. Staff contact: John Delacourt
(Office of Policy Planning) at 202 326-3754.
9:30 AM - 5:00 PM. The
Federal Communications Commission's (FCC)
North American Numbering Council
will meet. See,
notice and agenda [PDF]. Location: FCC, 445 12th Street, SW, Room TW-C305
(Commission Meeting Room).
6:00 - 8:15 PM. The Federal Communications
Bar Association's (FCBA) Mass Media Practice Committee will host a continuing
legal education (CLE) seminar titled "Ownership Rules of the Federal
Communications Commission". The speakers will include Erin Dozier (Special
Advisor for Media Ownership in the FCC's Media Bureau), Jerianne Timmerman (National
Association of Broadcasters), Anita Wallgren (Sidley Austin), Brian Madden (Leventhal
Senter & Lerman), and Greg Schmidt (LIN Television). Prices to attend vary. See,
notice. Location:
Dow Lohnes & Albertson, 8th Floor, 1200 New Hampshire Ave., NW.
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Wednesday, September 15 |
12:15 PM. The Federal Communications Bar
Association's (FCBA) Cable Practice Committee will host a brown bag lunch. The
topics will be the FCC's Fall agenda and potential subjects for future meetings. The
speakers will be Catherine Bohigian (Legal Advisor on Media Issues for FCC Commissioner
Kevin Martin), Frank Lloyd (Mintz
Levin), an
To-Quyen Truong (Dow Lohnes & Albertson). RSVP to To-Quyen Truong
at ttruong@dowlohnes.com. Location:
Dow Lohnes & Albertson, 1200 New Hampshire
Ave., NW, 8th floor.
The Federal Communications Commission (FCC)
will conduct Auction No. 57, an auction of licenses in the Automated Maritime
Telecommunications System (AMTS') spectrum. See,
notice in the Federal Register, June 25, 2004, Vol. 69, No. 122, at Pages
35614 - 35626.
Deadline to submit written comments to the Office
of the U.S. Trade Representative (USTR) regarding the USTR's annual report to the
Congress on the Peoples Republic of China's compliance with the commitments that it
made in connection with its accession to the World Trade
Organization (WTO). See,
notice in the Federal Register, July 29, 2004, Vol. 69, No. 145, at Pages
45369 - 45370.
EXTENDED TO OCTOBER 15. Deadline to submit comments to the
Federal Communications Commission (FCC) in response
to its
Notice of Inquiry (NOI) [15 pages in PDF] regarding "issues relating to the
presentation of violent programming on television and its impact on children." This
NOI is FCC 04-175 in MB Docket No. 04-261. See, story titled "FCC Issues NOI on
Violent TV Programming" in TLJ Daily E-Mail Alert No. 950, August 2, 2004. See also,
notice in the
Federal Register, August 12, 2004, Vol. 69, No. 155, at Pages 49899 - 49904.
See,
Order [PDF] extending the deadlines.
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Thursday, September 16 |
Rosh Hashanah.
9:30 AM. The U.S. Court of Appeals
(DCCir) will hear oral argument in Polygram Hold Inc v. FTC, No.
03-1293. The Federal Trade Commission
(FTC) filed its administrative
complaint against
Polygram and others on July 30, 2001 alleging unfair methods of competition in
violation of Section 5 of the FTC Act by agreeing with competitor Warner
Communications to restrict price competition and forgo advertising, in
connection with the sale of audio and video recordings titled "Three Tenors".
The FTC issued its
order [8 pages in PDF] and the
opinion [61 pages in
PDF] of Chairman Timothy Muris on July 24, 2003, finding that the agreement between
PolyGram and Warner unreasonably restrained trade and constitutes an unfair method of
competition. Judges Ginsburg, Edwards and Rogers will preside. Location: Courtroom __,
Prettyman Courthouse, 333 Constitution Ave., NW.
RESCHEDULED FROM SEPTEMBER 10.
10:30 AM. Dane
Snowden, Chief of the Federal Communications
Commission's (FCC) Consumer & Governmental
Affairs Bureau, will hold a press briefing. RSVP to Rosemary Kimball at 202
418-0511 or rosemary.kimball@fcc.gov.
Location: FCC, 445 12th St., SW, Hearing Room B/Conference Room, TW A-402/A-442.
Deadline for the President to submit a report to the Congress on the
establishment and operation of the Terrorist Screening Center, established on
September 16, 2003, by
Homeland Security Presidential Directive/Hspd-6. This report is required
by Section 360 of
HR 2417, the "Intelligence Authorization Act for Fiscal Year 2004". See,
story titled "Bush Signs Intelligence Authorization Bill" in TLJ Daily E-Mail
Alert No. 799, December 15, 2003.
Deadline to submit comments to the
Federal Communications Commission (FCC) in response
to its notice of proposed rulemaking (NPRM) regarding Amateur Radio Service
rules. The FCC adopted this NPRM on March 31, 2004, and released it on April 15, 2004.
This NPRM is FCC 04-79 in WT Docket No. 04-140. See,
notice
in the Federal Register, August 17, 2004, Vol. 69, No. 158, at Pages 51028 - 51034.
Deadline to submit comments to the
Federal Communications Commission (FCC) in
response to the Wireline Competition Bureau's
(WCB) public notice inviting interested parties to update the record pertaining to
petitions for reconsideration of the 1997 Price Cap Review Order. This is in CC Docket
Nos. 94-1 and 96-262. See,
notice
[PDF].
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Notice of Change of E-Mail
Address |
The e-mail address for Tech Law Journal has changed. The new address is
as follows:
All previous e-mail addresses no longer operate. This new address is
published as a graphic to avoid e-mail address harvesting, and the associated
spam messages and malicious code messages. If your e-mail system does not
display graphics, see notice in TLJ website.
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About Tech Law Journal |
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