1/29. The Department of Homeland Security (DHS) announced an increase in the total amount of federal grant funding available for states' implementation of the identification systems mandates of the federal REAL ID Act.

The DHS stated in a release that it "is making an additional $48.5 million available to assist states with REAL ID implementation. Previously funded at $31.3 million, the additional grants funding was authorized on Dec. 26, 2007 with the signing of the Omnibus appropriations bill."

The deadline for states to submit REAL ID grant applications is March 7, 2008.

The REAL ID Act imposes mandates upon the states that critics have estimated to run into the billions of dollars. For example, the National Conference of State Legislatures (NCSL) and the National Governor's Association (NGA) have estimated that the program will cost states over $11 Billion in the first five years. See, NCSL/NGA report [60 pages in PDF] titled "The Real ID Act: National Impact Analysis".

Thus, even with the just announced federal funding increases, the REAL ID Act remains a largely unfunded mandate.

The DHS released its REAL ID Act rules on January 11, 2008. See, story titled "DHS Releases REAL ID Regulations" in TLJ Daily E-Mail Alert No. 1,699, January 14, 2008. The DHS published its notice in the Federal Register announcing, describing, and reciting these rules on January 29, 2008. The effective date of these rules is March 31, 2008. See, Federal Register, January 29, 2008, Vol. 73, No. 19, at Pages 5271-5340.

The REAL ID Act was enacted as Division B of HR 1268 (109th Congress), which was a large appropriations bill. This Title B contains many provisions. Those related to the federalization of state identification systems are found at Title II of Title B, titled "Improved Security for Drivers' Licenses and Personal Identification Cards. That is, the relevant portions of the REAL ID Act are found at Sections 201-207 of Title B of HR 1268 (109th).

1/23. The Federal Trade Commission (FTC) filed a civil contempt motion [3 pages in PDF] and memorandum in support [30 pages in PDF] in U.S. District Court (DNH) in FTC v. Odysseus Marketing and Walter Rines, alleging violation of a previously issued permanent injunction that bars defendants and others from employing a deceptive online advertising scheme that page jacks MySpace web pages, and then mouse traps internet users who visit page jacked pages.

For an explanation of page jacking and mouse trapping, see the FTC's memorandum, TLJ story titled "How the ``Page Jacking´´ and ``Mouse Trapping´´ Web Scam Works", September 24, 1999, and TLJ story titled "FTC Obtains Injunction of Page Jacking and Mouse Trapping Scam", September 24, 1999.

The FTC also alleges violation of the injunction's ban on phishing practices and downloading of spyware to users' computers. The FTC also alleges failure to procure a performance bond.

The motion alleges that Walter Rines, Online Turbo Merchant, Inc., and Sanford Wallace are in contempt of the District Court's October 24, 2006, stipulated order [28 pages in PDF]. The FTC seeks a civil contempt order, and a fine of $555,850.04, the alleged proceeds from the enjoined advertising scheme.

See also, proposed order [4 pages in PDF] and FTC release.

This case is FTC v. Odysseus Marketing, Inc. and Walter Rines, U.S. District Court for the District of New Hampshire, D.C. No. 05-CV-330-SM, Judge Stephen MacAuliffe presiding.

1/28. The Department of Justice (DOJ) filed a civil complaint [18 pages in PDF] in U.S. District Court (NDCal), on behalf of the Federal Trade Commission (FTC), against Industrious Kids, Inc. and Jeanette Symons, alleging violation of the Children's Online Privacy Protection Act (COPPA), the FTC's Children's Online Privacy Protection Rule (COPPR), and the Federal Trade Commission Act (FTCA) in connection with their operation of imbee.com, a web site and blog hosting service directed at children. The parties simultaneously settled the case.

The COPPA requires that any web site operator or online service that is directed to children obtain parental consent before collecting information from children under the age of 13.

The COPPA was S 2326 in the 105th Congress. It was enacted into law as part of a large omnibus appropriations bill in October of 1998. It is now codified at 15 U.S.C. §§ 6501-6506. See also, TLJ web page titled "Children's Online Privacy Protection Act" (1998).

The FTC subsequently promulgated its Children's Online Privacy Protection Rule (COPPR).

The complaint alleges that the defendants' web site and service are directed at children as young as 8, and that they collected personal information from children with a "kid registration" form. The complaint further states that they collected first and last names, birthdates, e-mail addresses, and parents' e-mail addresses, among other information.

The complaint continues that defendants' sent e-mail notices to parents requesting that they complete the registration process. However, it alleges that these notices failed to satisfy the requirements of the COPPA and COPPR in several ways.

For example, the complaint states that the e-mail notices did not disclose that information had already been collected, or that parents had the right to have the information deleted. Moreover, the defendants retained the personal information even if the parents did not respond.

The complaint seeks civil monetary penalties and injunctive relief.

The FTC simultaneously announced it has agreed to settle the case. Under the proposed consent decree [PDF], the defendants will pay a $130,000 civil penalty, maintain conspicuous hyperlinks to privacy related information, delete all wrongfully obtained information, and engage in specified compliance reporting and record keeping requirements. See also, FTC release.

This case is U.S.A. v. Industrious Kids, Inc. and Jeanette Symons, U.S. District Court for the Northern District of California, Oakland Division, D.C. No. CV-08-0639.

1/28. The Department of Justice (DOJ) filed a civil complaint [13 pages in PDF] in U.S. District Court (NDCal), on behalf of the Federal Trade Commission (FTC), against Member Source Media LLC and others, alleging violation of the FTC Act and the CAN SPAM Act in connection with their falsely advertising in spam e-mail and web ads that they offered free products or rewards to lure consumers to click on links, provide personal information, and make payments.

Section 5(a) of the FTCA, which is codified at 15 U.S.C. § 45, provides that "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful." The CAN SPAM Act is codified at 15 U.S.C. § 7701, et seq.

The parties simultaneously agreed to a stipulated final judgment [18 pages in PDF], which imposes a civil penalty of $200,000, enjoins defendants from further violations, and imposes compliance monitoring and reporting requirements on the defendants. See also, FTC release.

This case is Member Source Media LLC, doing business as ConsumerGain.com, PremiumPerks.com, FreeRetailRewards.com, and GreatAmericanGiveaways.com, and Chris Sommer, individually and as Manager of Member Source Media LLC, U.S. District Court for the Northern District of California, D.C. No. CV-08 0642.

1/18. A trial jury of the U.S. District Court (DUtah) acquitted William Kurt Dobson of all charges.

On August 9, 2006, a grand jury returned an indictment that charged Dobson with violation of 18 U.S.C. § 1030(a)(2)(C) and 18 U.S.C. § 2511(1)(a) in connection with his alleged accessing of e-mail of other persons.

For a summary of the indictment, see story titled "Grand Jury Indicts Man for Accessing E-Mail of Others at Former Place of Employment" in TLJ Daily E-Mail Alert No. 1,430, August 11, 2006.

Section 1030 codifies the Computer Fraud and Abuse Act (CFAA). Section 2511(1)(a) provides that "any person who -- (1) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication ... shall be punished ..."

Dobson was represented by Peter Stirba of the law firm of Stirba Associates, in Salt Lake City, Utah.

The firm stated in a release that "The federal government mischaracterized Mr. Dobson as a ``disgruntled former employee´´ but the evidence at trial showed him to be a founder, shareholder and director of local technology startup, S5 Wireless, at the time he reviewed the email. Unauthorized interception of email communications is similar to unauthorized interception of telephone conversation according to federal statute. However, consent is a defense to the crime -- meaning if the company had consented to review of the emails, no crime had been committed."

Stirba stated in this release that Dobson "has been totally and completely exonerated by this acquittal". He added that "It has always been the fact that as a founder and director of S5 Wireless, he never broke the law when he reviewed his own company's email."

This case is U.S.A. v. William Kurt Dobson, U.S. District Court for the District of Utah, D.C. No. 2:06CR00563 TC.

1/23. The U.S. Court of Appeals (9thCir) issued an amended opinion [27 pages in PDF] in Comedy Club v. Improv West, a dispute involving a trademark license agreement, and arbitration thereof. The Court of Appeals affirmed in part, vacated in part, and remanded. This case is Comedy Club, Inc., et al. v. Improv West Associates, et al., U.S. Court of Appeals for the 9th Circuit, App. Ct. Nos. No. 05-55739 and No. 05-56100, appeals from the U.S. District Court for the Central District of California.

1/18. The U.S. Court of Appeals (1stCir) issued its opinion in Naser Jewelers v. Concord, a First Amendment challenge to a municipal ordinance of the City of Concord, New Hampshire, banning signs that display electronically changeable messages (ECMs). The Court of Appeals affirmed the judgment of the District Court, which upheld the constitutionality of the ordinance. The Court of Appeals reasoned that the ordinance is a content neutral restraint that need only be narrowly tailored to serve a significant governmental interest and leaves open alternative channels of communication. This case is Naser Jewelers, Inc. v. City of Concord, New Hampshire, U.S. Court of Appeals for the 1st Circuit, App. Ct. No. 07-2098, an appeal from the U.S. District Court for the District of New Hampshire.

1/3. The U.S. Court of Appeals (6thCir) issued its opinion [4 pages in PDF] in Gruener v. Ohio Casualty Insurance Company, an Americans with Disabilities Act (ADA) case involving an employee, Sharyn Gruener, who worked as a PC/LAN administrator. She had degenerative joint disease (DJD) in her knees and other weight bearing joints, and had knee replacement surgery. She could not then squat, crawl, kneel, or lift computer equipment. Her employer, Ohio Casualty Insurance Company, terminated her. She filed a complaint in U.S. District Court (SDOhio) alleging violation of the ADA. Ohio Casualty prevailed in the District Court, and the Court of Appeals affirmed. This case is Sharyn Gruener v. Ohio Casualty Insurance Company, U.S. Court of Appeals for the 6th Circuit, App. Ct. No. 05-4220.

1/31. "After nine years of publication, National Journal's Technology Daily bids farewell this Thursday", wrote Lou Peck, Editor In Chief, in a letter to readers. Tech Daily's Andrew Noyes will continue at the National Journal's CongressDaily, where he will cover intellectual property, privacy, courts/litigation, internet governance, and cybersecurity. Tech Daily's David Hatch will also move to CongressDaily, where he will cover telecom, television and media convergence. Peck also wrote that beginning on Monday, February 4, "the online edition of CongressDaily will contain a new, continuously updated section that will include stories of interest to the technology sector in one convenient place. This section will also be home to several of the weekly features that have appeared regularly in Technology Daily over the years."

1/31. Rep. Steny Hoyer (D-MD), the House Majority Leader, named Alejandro Perez to be the new Floor Director, replacing Rob Cogorno, who has announced his retirement. Perez was Deputy Floor Leader. Alexis Covey-Brandt, who is currently the Deputy Director of Member Services and Floor Assistant in the Majority Leader's Office, will become Deputy Floor Director.

1/29. The Federal Trade Commission (FTC) published a notice in the Federal Register that announces revised thresholds for Section 7A of the Clayton Act (regarding Hart Scott Rodino merger reviews). See, Federal Register, January 29, 2008, Vol. 73, No. 19, at Pages 5191-5192.

1/29. The Federal Trade Commission (FTC) published a notice in the Federal Register that announces revised thresholds for Section 8 of the Clayton Act (regarding interlocking directorates). See, Federal Register, January 29, 2008, Vol. 73, No. 19, at Page 5192.

1/28. The U.S. Patent and Trademark Office (USPTO) announced in a release that it has instituted pilot fast track patent examination projects with the Canadian Intellectual Property Office (CIPO) and the Korean Intellectual Property Office (KIPO). The USPTO stated that this will "allow applicants to obtain corresponding patents faster and more efficiently in each country. It also will permit each office to benefit from work previously done by the other office, in turn reducing examination workload and improving patent quality."

The House will not meet. Day three of the three day House Democratic Retreat. See, Rep. Hoyers' schedule for the week of January 28.

Expiration of the temporary amendments to the Foreign Intelligence Surveillance Act (FISA) enacted by S 1927 [LOC | WW], the "Protect America Act".

Deadline to submit written comments to the U.S. International Trade Commission (USITC) to assist the USITC in preparing a report for the House Ways and Means Committee regarding government policies affecting trade with the People's Republic of China (PRC). See, notice in the Federal Register, July 31, 2007, Vol. 72, No. 146, at Pages 41773-41774.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Federal Information Processing Standards (FIPS) Publication 186-3 [122 pages in PDF] titled "Digital Signature Standard" or DSS.

Starting date for eligible low power television broadcast stations, Class A television stations, television translator stations, and television booster stations to submit to the National Telecommunications and Information Administration (NTIA) non-priority applications for the Low-Power Digital Conversion Program. See, notice in the Federal Register: October 29, 2007, Vol. 72, No. 208, at Pages 61109-61114.

Effective date of the Department of State's (DOS) final rule regarding the use of radio frequency identification (RFID) technology in passport cards. See, notice in the Federal Register, December 31, 2007, Vol. 72, No. 249, at Pages 74169-74173. See also, story titled "Department of State Adopts Rules for Vicinity RFID Passport Cards" in TLJ Daily E-Mail Alert No. 1,695, January 4, 2008

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Poweroasis v. T-Mobile, a patent infringement case, App. Ct. No. 2007-1265, an appeal from the U.S. District Court (DNH), D.C. No. 1:2005cv00042. The Court of Appeals will also hear oral argument in and Poweroasis v. Wayport, App. Ct. No. 2007-1369. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Symantec v. Computer Associates, a patent infringement case, App. Ct. No. 2007-1201. Location: Courtroom 203, 717 Madison Place, NW.

10:30 AM - 12:00 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "The Battle for Cyberspace: Blogging and Dissidence in the Middle East". The speakers will be Mohammed Ali (Iraq the Model), Tony Badran (Foundation for the Defense of Democracies), Arash Sigarchi (Panjereh Eltehab), Hassan Mneimneh (Iraq Memory Foundation), and Michael Rubin (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

Deadline for the National Telecommunications and Information Administration's (NTIA) and the Federal Communications Commission's (FCC) advisory committee titled "Joint Advisory Committee on Communications Capabilities of Emergency Medical and Public Health Care Facilities" to submit their report to the Congress "on the communications capabilities and needs of emergency medical and public health care facilities and the options to accommodate growth of communications services and to improve integration of communications systems used by such facilities". See, notice in the Federal Register, September 7, 2007, Vol. 72, No. 173, at Page 51418.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding allowing AM stations to use FM translator stations to rebroadcast the AM signal locally. This NPRM is FCC 07-144 in MB Docket No. 07-172. See, notice in the Federal Register, November 6, 2007, Vol. 72, No. 214, at Pages 62616-62622.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking regarding the establishment of a Commercial Mobile Alert System (CMAS). This NPRM, which was adopted and released on December 14, 2007, is FCC 07-214 in PSHSB Docket No. 07-287. See, notice in the Federal Register, January 3, 2008, Vol. 73, No. 2, at Pages 545-607. The relevant FCC proceeding is numbered CG Docket No. 03-123.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding Hawk Relay's petition for clarification regarding the Deaf Blind Relay Service (DBRS). See, notice in the Federal Register, January 4, 2008, Vol. 73, No. 3, at Pages 863-864. The relevant FCC proceeding is numbered CG Docket No. 03-123.

8:30 AM - 5:00 PM. The National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT) will meet. See, notice in the Federal Register, January 15, 2008, Vol. 73, No. 10, at Page 2458-2459. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Golden Bridge Tech v. Nokia, a patent infringement case, App. Ct. No. 2007-1215, an appeal from the U.S. District Court (EDTex), D.C. No. 2:05-cv-151. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Prism Technologies v. Verisign, a patent infringement case involving hardware keys for authentication over networks, App. Ct. No. 2007-1315. This is an appeal from the U.S. District Court (DDel), D.C. No. CA 05-214-JJF. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Nazomi Communications v. ARM, a patent infringement case, App. Ct. No. 2007-1190. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee will meet to prepare advice on U.S. positions for the April 2008 meeting of the Organization of American States (OAS) Inter-American Telecommunication Commission (CITEL)
Permanent Consultative Committee II (Radiocommunication including broadcasting) (PCC.II) and on various matters associated with the Asia-Pacific Economic Cooperation (APEC). See, notice in the Federal Register, January 16, 2008, Vol. 73, No. 11, at Page 2978. Location: Room 6B516, Federal Communications Commission (FCC), 445 12th St.,  SW.

1:00 - 4:00 PM. The Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) will meet by conference call. See, notice in the Federal Register, January 24, 2008, Vol. 73, No. 16, at Page 4132.

8:00 AM - 12:00 NOON. The National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT) will meet. See, notice in the Federal Register, January 15, 2008, Vol. 73, No. 10, at Page 2458-2459. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

8:30 AM - 5:30 PM. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will jointly host a public workshop titled "2008 International Technical Assistance Workshop: Charting the Future Course of International Technical Assistance at the U.S. Department of Justice and the Federal Trade Commission". See, notice. Location: FTC Conference Center, 601 New Jersey Ave., NW.

9:00 AM - 1:30 PM. The Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) will host a "summit on issues relating to the deployment and use of Next Generation 911 technology and the coordination of those efforts among Public Safety Answering Points, the telecommunications industry and manufacturers". See, notice [PDF] and registration page. Location: Commission Meeting Room, FCC,  445 12th St., SW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in LSI Industries v. Imagepoint, a patent infringement case, App. Ct. No. 2007-1292. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in O2 Micro International v. Beyond Innovation Technologies, a patent infringement case, App. Ct. No. 2007-1302. This is an appeal from the U.S. District Court (EDTex), D.C. No. 2-04-CV-32 (TJW). See, District Court's March 21, 2007, Memorandum Opinion and Order [PDF]. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ampex v. Eastman Kodak, a patent infringement case, App. Ct. No. 2007-1089. This is an appeal from the U.S. District Court (DDel), D.C. No. 04-1373-KAJ. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Metropolitan Life v. Bancorp, App. Ct. No. 2007-1312. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 1:30 PM. The Federal Bar Association (FBA) will host an event titled "The 9/11 Act -- Overview and Authorities". The price to attend ranges from $10-$15. See, registration page. Location: Transportation Security Administration (TSA), Town Hall, 601 S. 12th St., Arlington, VA.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Cyberspace and International Practice Committees will host an event titled "Broadband Deployment and Take-up: What Are the Experiences of Various Countries?" This event offers continuing legal education (CLE) credits. See, notice and registration page. The price to attend ranges from $25 to $135. Registrations are due by 5:00 PM on February 4. Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

TIME? Day one of a two day closed meeting of the Department of Defense's (DOD) Defense Science Board. The DOD has not disclosed the agenda. See, notice in the Federal Register, January 2, 2008, Vol. 73, No. 1, at Pages 173-174. Location: Pentagon, Arlington, VA.

8:30 AM - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold a public meeting titled "The Implications of Sovereign Wealth Fund Investment on National Security". See, notice in the Federal Register, January 22, 2008, Vol. 73, No. 14, at Pages 3804-3805. Location: Room 562, Dirksen Building, Capitol Hill.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Gammino v. Southwestern Bell, one of several related patent infringement cases involving an algorithm for blocking international telephone calls. This appeal, App. Ct. No. 2007-1201, is from the U.S. District Court (NDTex), D.C. No. 3:2005cv00850, which entered summary judgment for Southwestern Bell (AT&T). See, 512 F.Supp.2d 626. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Avocent Huntsville v. Aten International, a patent infringement case, App. Ct. No. 2007-1553. This is an appeal from the U.S. District Court (NDAlab). Location: Courtroom 203, 717 Madison Place, NW.

TIME? Day two of a two day closed meeting of the Department of Defense's (DOD) Defense Science Board. The DOD has not disclosed the agenda. See, notice in the Federal Register, January 2, 2008, Vol. 73, No. 1, at Pages 173-174. Location: Pentagon, Arlington, Virginia.

No events.

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 subscribers with multiple recipients. Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until one month after writing. See, subscription information page.

Contact: 202-364-8882.
P.O. Box 4851, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2008 David Carney, dba Tech Law Journal. All rights reserved.