Tech Law Journal

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News, records, and analysis of legislation, litigation, and regulation affecting the computer, internet, communications and information technology sectors

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Tech Law Journal
Daily E-Mail Alert
Sept. 1, 2000
8:00 AM ET.
Alert No. 11.

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Tech Law Journal is a free access online publication that provides news, records, and analysis of legislation, litigation, and regulation affecting the computer and Internet industry.

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News Briefs

8/31. 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. (ET Docket No. 99-231.) See, release [MS Word] and First Report and Order [PDF].
8/31. The SEC filed a complaint in U.S. District Court (C.D.Cal.) against Mark Jakob alleging that he perpetrated the Emulex Internet hoax on Aug. 25. The complaint alleges that Jakob sent a fraudulent press release to the Internet Wire regarding Emulex, and traded in anticipation of resulting stock price changes. The scheme caused the share price of Emulex, a Southern California high-tech company, to temporarily loose $2.2 Billion in market value. The complaint alleges violation of the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. See, SEC release and Emulex release. In addition, the FBI arrested Jakob.
8/31. A jury in the U.S. District Court, EDNY, returned a verdict against Computer Associates (CA) in a shareholder case arising in 1991. The jury found that CA gave differing prices to shareholders when it purchased Online Software International, in violation of the best price rule.
8/31. The Census Bureau estimated that U.S. retail e-commerce sales for the 2nd quarter of 2000 was $5.518 Billion, a 5.3% increase from the 1st quarter. See, release and speech by Commerce Sec. Norman Mineta.
8/31. IMUnified, a coalition of companies which provide instant messaging, announced the completion of technical specifications that will enable functional interoperability among its members' instant messaging services. IMUnified includes AT&T, Excite@Home, iCAST, the MSN, Odigo,, Prodigy, Tribal Voice and Yahoo! See, MSFT release.
8/24. The Harrisonburg Police Department (Virginia) and the RIAA Anti-Piracy Unit, executed a criminal search and seizure warrant at Town and Campus Records in Harrisonburg, seizing over 568 alleged bootleg sound recordings, a majority of which were on CD-Rs.
Editor's Note: This column includes all News Briefs added to Tech Law Journal since the last Daily E-Mail Alert. The dates indicate when the event occurred, not the date of posting to Tech Law Journal.
New Documents

8/30. Complaint for Patent Infringement, Intel v. Broadcom, U.S. District Court (Del.). (HTML, TLJ)
8/30. DOJ pleadings filed in the U.S. District Court (DC) regarding the consent agreement for the wireless joint venture of SBC and BellSouth. (All documents are in HTML in the DOJ web site.)
Final Judgment,
Competitive Impact Statement.

Quote of the Day

"This kind of electronic terrorism cannot be tolerated. We are very gratified by the swift action taken by the FBI, the U.S. Attorney's Office and the Securities and Exchange Commission ... The matter received immediate and focused attention from both law enforcement agencies and multiple securities' exchanges. The quick results from this cooperative effort demonstrate to others contemplating a similar hoax that the outcome to be expected is immediate apprehension and prosecution." Paul Folino, President and CEO of Emulex.

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