Internet News

FEC Adopts NPRM Regarding Political Activity on the Internet. (9/27/01) The Federal Election Commission (FEC) approved a Notice of Proposed Rulemaking (NPRM) at its September 27 meeting regarding political activity on the Internet. The FEC is the agency charged with enforcing the Federal Election Campaign Act (FECA), which regulates political contributions and expenditures. While the FEC had previously considered wide ranging regulation of political speech on the Internet, this NPRM merely proposes to permit certain personal political web sites, and to allow corporations and unions to put certain hyperlinks and press releases in their web sites.

EEOC Finds Library Policy of Unrestricted Internet Access Creates Sexually Hostile Work Environment for Librarians. (5/23/01) The Equal Employment Opportunity Commission (EEOC), Minneapolis Area Office, issued a Determination that the Minneapolis Public Library subjected librarians employed by the library to a "sexually hostile work environment" in violation of Title VII of the Civil Rights Act of 1964 for maintaining a policy of unrestricted Internet access.

House Judiciary Committee Adopts Anti Spam Bill. (5/23/01) The House Judiciary Committee amended and approved HR 718, an anti spam bill, on a voice vote, after a day long mark up session. Rep. Heather Wilson (R-NM) and Rep. Gene Green (D-TX) introduced the bill on February 14. The House Commerce Committee approved an amended version on April 4. The two Committees' versions are now substantially different. See, Commerce Committee version adopted on April 4; see also, Judiciary Committee's amendment in the nature of a substitute, Goodlatte amendment, and Hart amendment, which were all adopted by the Judiciary Committee on May 23.

House Judiciary Committee Holds Hearing on Broadband Bills. (5/22/01) The House Judiciary Committee held a hearing HR 1698, the "American Broadband Competition Act of 2001," and HR 1697, the "Broadband Competition and Incentives Act of 2001," a pair of bills introduced on May 3, 2001 by Rep. Chris Cannon (R-UT) and Rep. John Conyers (D-MI). The Committee also heard testimony on HR 1542, a bill sponsored by Rep. Billy Tauzin (R-LA) and Rep. John Dingell (D-MI), and reported by the House Commerce Committee on May 9. The sponsors and supporters of all of these bills assert that they will incent widespread deployment of broadband services.

FCC Chairman Powell Addresses Forrester Forum. (5/21/01) FCC Chairman Michael Powell spoke and answered questions at a Forrester Research Telecom Forum in Washington DC. He addressed the status of local competition, the success of the Telecom Act of 1996, Alcatel's possible acquisition of Lucent, legislation pending in Congress regarding broadband deployment, enforcement of telecom laws, and other issues.

House Subcommittee Holds Hearing on Compulsory Licensing of Music on the Internet. (5/17/01) The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property held a hearing on music on the Internet. The hearing focused on the availability of music online, the technologies for providing music online, security for copyrighted music, the status of licensing by the various types of rights holders, and recommendations by some that the Congress extend compulsory licensing to music on the Internet.

House Telecom Subcommittee Holds Hearing on CIPA and E-Rate. (4/4/01) The House Commerce Committee's Telecom Subcommittee held a hearing titled the "E-Rate and Filtering: A Review of the Children's Internet Protection Act" on Wednesday, April 4. Proponents and opponents debated the merits of a bill that has already become law.

Privacy Coalition Wants Legislators to Sign a Pledge. (2/12/01) A collection of groups named the Privacy Coalition will hold a press conference in Washington DC on February 12 to release a document named "The Privacy Pledge." The coalition wants Members of Congress and state legislators to sign this pledge to support a list of online privacy proposals.

Cox and Wyden Introduce the Internet Non-Discrimination Act. (2/9/01) Rep. Cox and Sen. Wyden introduced companion bills in the House and Senate to extend the current moratorium on multiple and discriminatory taxes on the Internet. See, S 288 IS.

5th Circuits Affirms Judgment of Internet Copyright Infringement. (2/5/01) The U.S. Court of Appeals, Fifth Circuit, issued its opinion in Veeck v. SBCCI upholding the District Court's judgment of copyright infringement. The defendant published in his web site copies of copyrighted model building codes that had been incorporated into law by reference. The Appeals Court, following both precedent and policy arguments, held that a copyrighted work does not lose it protection when adopted into law. One judge dissented. See, Opinion.

Reps. Eshoo and Cannon Introduce Online Privacy Bill. (1/24/01) Reps. Eshoo and Cannon introduced an online privacy bill in the House. It would prevent a commercial web site operator from collecting personally identifiable information from users of the web site unless it first gives notice of what information is collected and how it will be used, and gives the users the opportunity to limit the use of that information. See, HR 237 IH.

Sen. Wyden Predicts Congress Will Pass a Privacy Bill This Year. (1/22/01) Sen. Wyden predicted that Congress will send an online privacy bill to the President this year. He spoke at a policy luncheon in Washington DC on January 19. Rep. Tauzin described the role of Congress as "helping to making sure the private sector does as good a job as possible in this area with as little federal intervention as possible".

NTIA to Write Rules on 3G Relocation Reimbursement. (1/18/01) The NTIA released a Notice of Proposed Rulemaking regarding compensation of incumbent federal agency users in the 1755-1850 MHz band that may be required to modify their systems as a result of spectrum reallocation to the private sector for 3G wireless uses. Most of these incumbent users are military. Third Generation (3G) wireless services are intended to bring broadband Internet access to portable devices.

Commerce Dept. and 19 Companies Announce IT Security Group. (1/17/01) The Commerce Department and executives from nineteen information technology companies met in Washington DC to announce the formation of a group named Information Technology Information Sharing and Analysis Center. This ISAC will share information about cyber attacks, protective measures, and other information security issues.

FCC Approves AOL Time Warner Merger. (1/12/01) The FCC approved the merger of AOL and Time Warner with conditions regarding open access to broadband cable Internet access and interoperability of advanced instant messaging services.

Appeals Court Overturns FCC Separate Affiliate Order. (1/11/01) The Court of Appeals ruled in ASCENT v. FCC that the FCC's order in its SBC Ameritech merger proceeding permitting SBC to offer advanced services, such as DSL, through a separate affiliate violates the Communications Act. The Court vacated the Order. See, Opinion.

NetZero Obtains TRO Against Juno in Web Ads Patent Case. (1/8/01) ISP NetZero obtained a temporary restraining order against competing ISP Juno on January 5 that bars Juno from using a technology for displaying ads through a window separate from the browser. See, Complaint for Patent Infringement and Temporary Restraining Order.

FCC Releases Notice of Proposed Rulemaking for 3G Wireless Spectrum. (1/5/01) The FCC released a Notice of Proposed Rulemaking in which it seeks public comment to assist it in identifying and allocating spectrum for use by Third Generation wireless systems. 3G is intended to bring broadband wireless Internet access to mobile devices.

FCC Discusses Secondary Markets for Wireless Spectrum. (11/10/00) The FCC discussed and adopted, but did not release copies of, a Policy Statement and a Notice of Proposed Rulemaking, pertaining to taking steps towards allowing secondary markets in wireless spectrum rights. FCC staff and Commissioners said that they seek to avoid shortages in spectrum for wireless telecommunications and mobile Internet access devices.

Mobile Internet Access Devices and the FCC. (11/10/00) The technology to provide widely available and inexpensive broadband Internet access devices is being developed and deployed. One possible set back for this new technology could be the availability and efficient use of radio spectrum for these devices -- spectrum that is tightly managed by the FCC.

Supreme Court Grants Cert in NYT v. Tasini. (11/7/00) The U.S. Supreme Court granted certiorari in New York Times v. Tasini, a case regarding the application of copyright law to the republication of the articles of free lance writers in electronic databases.

NTIA Hosts First Public Meeting on 3G Spectrum. (11/3/00) The NTIA hosted a public meeting attended by government officials and industry representatives to address the selection and allocation of spectrum for 3G wireless systems. 3G is intended to bring broadband wireless Internet access to mobile devices.

IRS Considers Regulating Internet Speech. (10/26/00) The IRS released a document stating that it is considering whether to issue guidance regarding the application of the Internet Revenue Code to various types of Internet communications by tax exempt entities. See, IRS notice.

Barshefsky Proposes Trade Initiative for E-Commerce. (10/24/00) USTR Barshefsky gave a speech in which she described an initiative for a new set of rules and agreements for electronic commerce in the international trading system. See, speech.

COPA Commission Issues Report to Congress. (10/23/00) The COPA Commission, which was charged by Congress with making recommendations for protecting children from online porn, released its report to Congress at an event on Capitol Hill. It recommended that the "online commercial adult industry should voluntarily take steps to restrict minors' ready access to adult content."

Cisco Lobbyist Addresses High Tech Policy Issues. (10/20/00) Cisco lobbyist Bruce Mehlman gave an address to a FCBA luncheon in which he summarized high tech related policy issues that are current in Washington DC. He predicted that fight over spectrum for 3G wireless services, which will allow for mobile Internet access, will get ugly.

Kennard Blasts Broadcasters for Spectrum Squatting and Scant Elections Coverage. (10/11/00) FCC Chairman Kennard harshly criticized TV broadcasters for their slow deployment of digital television, and their failure to broadcast debates, other elections content, and free advertising. He stated that the broadcasters' slow conversion to digital TV constitutes "spectrum squatting". It prevents the FCC from auctioning their analog spectrum to providers of wireless services, including Internet access.

FTC Comments on Privacy in Bankruptcy Proceedings. (10/2/00) The FTC submitted comments to a group of federal agencies that are studying how bankruptcy proceedings affect the privacy of individuals involved in, or affected by, those proceedings. The FTC advised that personal information in the public record in bankruptcy proceedings can be used to facilitate identity theft and other illegal activities.

Rep. Boucher Introduces Bill to Permit Some Internet Music Copying. (9/29/00) Rep. Boucher introduced a bill in the House of Representatives that would allow the copying of certain sound recordings on the Internet. It would amend copyright law to provide that the transmission of a personal interactive performance of a sound recording is not an infringement of copyright. See, HR 5275 IH.

FCC Issues Notice of Inquiry Regarding Open Access. (9/28/00) The FCC issued a Notice of Inquiry regarding what regulatory treatment it ought to give to broadband Internet access services over cable, copper and other facilities. The FCC seeks public comment.

House Committee Delays Adoption of Electronic Communications Privacy Act. (9/22/00) The House Judiciary Committee began its mark up of HR 5108, the Electronic Communications Privacy Act of 2000, on Thursday, September 21, but delayed further consideration until Tuesday, September 26.

FTC Official Addresses Covisint and Electronic B2Bs. (9/18/00) The FTC's Susan DeSanti gave a speech to a legal group in Washington in which she stated that the FTC is unlikely to adopt guidelines for electronic B2Bs. She also offered recommendations on how not to run afoul of antitrust regulators when creating and operating electronic B2Bs. See, Address by Susan DeSanti.

FTC Closes Investigation of Covisint B2B. (9/15/00) The FTC sent letters to the founders of the Covisint automotive B2B, stating that it has closed its investigation of whether Covisint violates Section 7 of the Clayton Act, and that it has terminated the Hart-Scott-Rodino waiting period.

97% of Government Web Sites Fail the FTC's Online Privacy Test. (9/13/00) The GAO released a report on the privacy practices of federal government web sites. It conducted a survey of 65 web sites, and found that only 3% complied with all four of the "fair information practices" that the FTC applies to commercial web sites.

FCC Regulators Give SBC Permission to Build DSL Facilities. (9/11/00) The FCC released a second order in its SBC Ameritech merger review proceeding. This order modifies the condition imposed upon SBC in its first order that a separate affiliate must own equipment used to provide advanced services. This new order means that SBC can provide DSL service through neighborhood broadband gateways to be deployed as part of its $6 Billion Project Pronto.

Goodlatte and Boucher Request FCC Rule Making on Open Access, Oppose Conditions on AOL TW Merger. (9/11/00) Two of the House of Representatives leading Internet proponents, Reps. Boucher and Goodlatte, wrote a letter to the FCC and FTC on September 7 requesting that the FCC institute a formal rule making proceeding to promulgate open access rules that apply to all technologies and companies, but that neither the FTC nor the FCC impose any open access conditions in their AOL Time Warner merger reviews. See, letter.

Tristani: Should There Be Universal Service for the Internet? (9/11/00) FCC Commissioner Tristani gave a speech in Washington DC on September 7 in which she advocated redressing various digital divides. She concluded by asking whether universal service should cover the Internet. See, speech.

Federal Court Denies Motion to Dismiss in Internet Wine Sales Case. (9/8/00) A federal court issued a decision denying defendants' motion dismiss in Swedenburg v. Kelly, a constitutional challenge to New York State's statute restricting direct sales of alcoholic beverages. Judge Berman wrote that the 21st Amendment will not sustain a statute that is mere economic protectionism. See, Decision and Order.

State Liquor Laws Barring Internet Wine Sales Held to Violate Commerce Clause. (9/8/00) A federal court decision on September 5 in Swedenburg v. Kelly was part of a year long string of decisions that have gone against states which maintain laws that seek to protect in state liquor distributors from outside competitors, including small Internet wineries which sell over the Internet, or by direct mail sales.

FCC Permits Frequency Hopping Spread Spectrum Devices in the 2.4 GHz Band. (9/4/00) The FCC amended its rules to allow frequency hopping spread spectrum systems in the 2.4 GHz band. The goal is to allow wider bandwidths so that Internet devices will operate at higher data speeds, thereby enabling the development of new and improved products such as wireless computer local area networks and wireless cable modems.

Judge Overturns Virginia Internet Porn Statute. (8/10/00) A U.S. District Court judge in Virginia held unconstitutional a Virginia criminal statute affecting Internet porn. Judge Michael held that the law violates both the First Amendment and the Commerce Clause, and enjoined its enforcement. See, statute, Order, and Opinion.

Judge Releases Order in Free Republic Copyright Infringement Case. (8/7/00) U.S. District Court Judge Margaret Morrow released an order dated July 31 in the Internet copyright infringement case, Los Angeles Times v. Free Republic, granting partial summary judgment adjudging defendants James Robinson and the Free Republic liable for copyright infringement. The defendants plan to appeal. See, Order.

Poll Suggests Home PC Users Favor Napster's Arguments. (7/27/00) A poll conducted by PC Data suggests that home Internet users tend to agree with the legal arguments of Napster, and others, who provide systems that allow copying on the Internet of copyrighted music works.

House Passes Bill Authorizing Funds for Prosecution of Internet Obscenity. (7/26/00) The House voted to authorize $5 Million in funding for the prosecution on Internet and offline obscenity. There are already statutes criminalizing importation, transportation, and sale of obscene materials. However, the Clinton Justice Department has resisted enforcing them.

Analysis of House Vote on the Internet Gambling Prohibition Act. (7/23/00) When the House rejected the Internet Gambling Prohibition Act on July 17, a higher proportion of Republicans than Democrats voted for the bill. However, the vote did not break down along party or ideological lines. Also, members who are normally supportive of high tech split on this vote. In contrast, a Representative's state or region was a good predictor of how that member voted.

Administration Proposes Legislation for Searches and Seizures in Cyberspace. (7/18/00) John Podesta, White House Chief of Staff, gave a speech in Washington DC on July 17 in which he outlined a Clinton administration proposal for legislation to define rules governing searches and seizures in cyberspace. See, speech by John Podesta.

House Rejects Internet Gambling Prohibition Act. (7/18/00) The House voted on HR 3125, the Internet Gambling Prohibition Act, on Monday, July 17. It was considered under a suspension rule, which meant that it required a 2/3 majority. It failed by a vote of 245 to 159.

Senate Subcommittee Holds Hearing on Identity Theft. (7/13/00) The Senate Technology Subcommittee held another hearing on identity theft on July 12. Sen. Feinstein is sponsoring legislation to restrict the purchase of social security numbers over the Internet, one means by which criminals are able to assume another person's identity. See, S 2699 IS.

Senate Committee Holds Hearing on Napster and Gnutella. (7/12/00) The Senate Judiciary Committee held a hearing on the technologies involved in the duplication of digital music files on the Internet, the application of intellectual property laws, and the consequences for consumers.

Metallica's Ulrich Defends Intellectual Property Rights in Senate Hearing. (7/12/00) At a Senate hearing on Internet music duplication services such as Napster and Gnutella, the rocker Lars Ulrich proved to be the most forceful and articulate advocate of intellectual property rights in cyberspace. He argued that it is necessary to incentivize people to produce music. He also stated that Napster's business model is "like old-fashioned trafficking in stolen goods."

Reps. Goodlatte and Tauzin Reach Agreement on Net Gambling Bill. (7/11/00) Rep. Bob Goodlatte and Rep. Billy Tauzin agreed to language on HR 3125, the Internet Gambling Prohibition Act. The bill can now go to the full House.

Netscape and AOL Sued for Alleged Privacy Violation. (7/6/00) A complaint was filed against Netscape and AOL in federal court alleging that Netscape's SmartDownload plug in secretly steals private information of third parties in violation of the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act. See, copy of Complaint.

Clinton Signs Electronic Signatures Bill. (7/3/00) Bill Clinton signed S 761, an act to provide for the acceptance of electronic signatures and electronic contracts in interstate commerce. The signing culminates a long and contentious legislative battle that began in early 1999. See, final version of S 761.

House Banking Committee Approves Internet Gambling Funding Bill. (6/29/00) The House Banking Committee approved the Internet Gambling Funding Prohibition Act, with an amendment which weakened its effect, by a voice vote on Wednesday, June 28.

FTC Commissioner Predicts the Next Congress Will Pass an Online Privacy Bill. (6/27/00) FTC Commissioner Swindle predicted at a forum in Washington DC that the next Congress will pass an online privacy bill. He also stated that privacy advocates are demagoging the issue, and consumers will rue the day when privacy legislation is passed. See, transcript of remarks.

House Telecom Subcommittee Holds Hearing on Reciprocal Compensation. (6/23/00) The House Telecom Subcommittee held a hearing on June 22 on HR 4445, a bill to end reciprocal compensation payments made for phone calls to connect to the Internet. See, HR 4445 IH.

Ninth Circuit Reverses District Court in AT&T v. Portland. (6/22/00) The U.S. Court of Appeals issued its opinion reversing the District Court in AT&T v. Portland. The appeals court concluded that Portland cannot condition approval of the transfer of the TCI cable franchise upon AT&T's granting open access to its broadband cable facilities to competing ISPs. See, Opinion.

House Telecom Subcommittee Holds Hearing on Net Gambling Bill. (6/15/00) The House Telecom Subcommittee held a hearing on Rep. Bob Goodlatte's Internet gambling bill. HR 3125, which passed the Judiciary Committee in April, encountered considerable criticism from at the June 15 telecom hearing.

Rep. Franks and Rep. Pickering Re-Introduce Filtering Bill. (6/9/00) Rep. Pickering and Rep. Franks announced their re-introduction of the Children's Internet Protection Act on Thursday, June 8. The bill would require schools and libraries that accept e-rate subsidies to use filtering technology.

FCC Approves AT&T MediaOne Merger. (6/5/00) The FCC conditionally approved AT&T's acquisition of cable company MediaOne. AT&T must reduce its share of MVPD subscribers to 30%. However, the FCC imposed no "open access" requirement.

House Subcommittee Criticizes DOJ for Not Prosecuting Internet Obscenity. (5/24/00) Republican members of the House Telecom Subcommittee and Department of Justice officials squared off in an angry and theatrical debate over prosecution of Internet obscenity at a hearing on Tuesday, May 23.

Suit Raises Rights of Internet Users When ISPs Are Subpoenaed for Personal Information. (5/14/00) An anonymous chat room poster filed a John Doe lawsuit against Yahoo! for responding to a subpoena for information about him in another lawsuit. Yahoo! provided no notice of the subpoena to the John Doe before providing his personal information. See, Complaint.

House Judiciary Committee Approves Internet Nondiscrimination Act. (5/4/00) The House Judiciary Committee amended and approved a bill to extend the temporary moratorium on new, special, and discriminatory Internet taxes enacted in October 1998. The full House will likely take up the bill next week.

Economist Credits Gore with Retarding Broadband Infrastructure Development. (4/28/00) AEI economist Thomas Hazlett assessed the economic and political consequences of government regulation of communications at a conference in Washington DC on April 27. Among his conclusions were that the Cable Act of 1992 was a disaster for broadband infrastructure deployment, and that then Sen. Al Gore played a big role in passing the Act.

Consumer Groups Seek FCC Restructuring of AOL Time Warner and AT&T Media One. (4/26/00) Several consumer groups filed a petition with the FCC on April 26 seeking restructuring of the companies involved in the AOL Time Warner merger and the AT&T MediaOne merger.

Phone.com Files Patent Suit Against Geoworks Over Wireless Internet Technology. (4/27/00) Phone.com, a wireless Internet software provider, filed suit in federal court in San Francisco against competitor Geoworks, which is seeking to collect license fees for a patent which it claims implicates the Wireless Application Protocol as well as Wireless Markup Language. The suit seeks a declaratory judgment that Phone.com’s technology does not infringe on Geoworks' patent, and that the patent is invalid and unenforcable. See, Complaint.

FEC Takes No Action Against Anti-Bush Web Site. (4/20/00) The Federal Election Commission released a letter which states that it will take no action against Zach Exley, the operator of a parodic and defamatory web site. A complaint was filed on behalf of the George W. Bush presidential campaign seeking to have Exley penalized for allegedly failing to file campaign expenditure reports, and other purported election law violations.

Library of Congress Will Not Digitize Books. (4/15/00) The Librarian of Congress, James Billington, gave an address at the National Press Club on Friday, April 14, on the role of the Library of Congress in the Information Age. He harshly criticized the Internet, and stated that the Library will not digitize books. However, the Library has plans to expand its web publication of other materials.

House Subcommittee Holds Hearing on Broadband Wireless Internet. (4/14/00) The House Technology Subcommittee held a hearing on broadband wireless Internet technologies on Thursday morning, April 13. Witnesses from wireless companies described their technologies, and offered policy recommendations, including encouraging market-driven standards, promoting free trade, removing the spectrum cap, making more spectrum available, and providing for forced access to multi-unit dwellings.

Levitt Explains SEC's Planned Anti-Fraud Webcrawler. (4/6/00) SEC Chairman Arthur Levitt responded to criticism of the SEC's plans to use a webcrawler to search for securities fraud on the Internet. See, Levitt statement.

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