|Sept. 29, 2000
7:30 AM ET.
Alert No. 31.
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9/28. The FCC issued a Notice
of Inquiry regarding regulatory treatment of broadband Internet
access services over cable and other facilities. Comments are due
within 45 days of publication in the Federal Register. See also, FCC
9/28. The House Ways and
Means Committee's Oversight Subcommittee held its second hearing
this week on "the tax code and the new economy."
See, prepared statements of witnesses:
Joseph Hester (Community College for Allegheny County).
Bean (Prometric, on behalf of Technology Workforce Coalition).
Salamon (American Airlines).
Sample (Microsoft, on behalf of the R&D Credit Coalition).
Hutter (Click Bond).
9/28. The E-SIGN
Act (S 761, Electronic Signatures in Global and National
Commerce Act) goes into effect on Sunday, Oct. 1.
9/28. Rep. Dick Armey (R-TX)
released a statement on the FBI's e-mail surveillance system named Carnivore:
"The Department of Justice says we should trust them with our
most personal information. But time and again they have shown a
bureaucratic carelessness with this information. Our emails and
Internet transactions should not be entrusted to the care of any
individuals who demonstrate a lack of concern for our personal
information. That's why the government should not have the ability
to cybersnoop on millions of citizens at the flip of a switch. This
Department of Justice proposal has confirmed my fears. According to
press accounts, many of the reviewers have close connections with
the Department of Justice and Clinton Administration. This important
issue deserves a truly independent review, not a whitewash."
9/28. A federal grand jury indicted Mark Jakob on 11 counts of securities
fraud and wire fraud in connection with his submission of a
fraudulent press release to Internet Wire and Bloomberg regarding Emulex, while trading in Emulex
stock. He is scheduled to be arraigned in U.S. District Court (CDCa) on Oct. 10.
9/28. The Oklahoma Corporation
Commission (OCC) approved Southwestern
Bell's request to provide long distance service in Oklahoma. The
OCC found that SB is now allowing facilities based competition for
both residential and business customers in Oklahoma without
discriminating against competing carriers, and recommended that the FCC approve SB's § 271
petition. See, OCC
release and SB's
release. See also, AT&T
9/28. Commerce Sec. Norman Mineta announced the award of $13.9
Million in Technology Opportunities Program (TOP) grants at the Maya
Angelou Charter School in Washington DC. "This year's grant
recipients are leading the way in developing local initiatives
moving from digital divide to digital inclusion," said Mineta.
These grants (which are also known as TIIAP
grants) are administered by the NTIA
at the Commerce Dept. See, NTIA
9/28. Microsoft filed three
complaints in U.S. District Court (MDFl) against
three software vendors, alleging distribution of counterfeit and/or
infringing copies of Microsoft software. The defendants are:
• Computers Etc. of Clearwater (Case No. 8:00-CV-2001-T-17A).
• Dacanay Consulting of Orlando (Case No. 6:00-CV-1283-ORL-28A).
• Eva Computer Service of Clearwater (Case No.
9/28. MP3.com announced a grass
roots lobbying campaign which it calls the "Million Email
March" in support of HR 5275, sponsored by Rep. Rick
Boucher (D-VA). See, MP3.com
release. HR 5275 would amend Title 17 with respect to personal
interactive performances of recorded nondramatic musical works.
9/27. Amanda DeBusk (Asst. Sec. for Export Enforcement at the
BXA, U.S. Dept. of Commerce) gave a speech
in Oxford, UK, titled "Export Enforcement and the
Challenge of Intangible Technology Transfers." She stated that
"Many companies today provide all their technical support and
software updates in customer restricted areas of their company
websites. Controlled information is literally flying around the
world at light speed. It presents great challenges to law
enforcement to step into this cyber-export world and say this packet
of data can go here, but that packet of data needs an export
license." She also problems associated with allowing access to
software to foreign nationals, outsourcing data storage out of
nation, and e-mailing of controlled software to a foreign end-user.
The event at which she spoke was titled the "Second Oxford
International Conference on Export Control."
9/27. The SEC announced the
members of the Advisory Committee on Market Information. This
committee will assist the SEC in evaluating issues relating to the
public availability of market information in the equities and
options markets. The membership includes Michael Atkin, VP of
the Software and Information Industry
Association, Financial Information Services Division. See, SEC release.
9/26. The Commodity Futures Trading
Commission (CFTC) filed a civil complaint
in U.S. District Court (CDCa)
against two individuals alleging sales solicitation fraud in
connection with advertising their commodity options trading
methodology on their web site, The Cash Nursery.
The complaint seeks an injunction against further fraud, an
accounting, disgorgement, restitution, and civil fines. (Case No.
SACV-00-940). See, CFTC release.
9/26. Rep. Rush Holt
(D-NJ) introduced HR 5300, a bill to amend section 227 of the
Communications Act of 1934 to prohibit the use of the text, graphic,
or image messaging systems of wireless telephone systems to transmit
unsolicited commercial messages.
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