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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. 29, 2000
7:30 AM ET.
Alert No. 31.

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News Briefs

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 release.
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:
J. Joseph Hester (Community College for Allegheny County).
Martin Bean (Prometric, on behalf of Technology Workforce Coalition).
Mitchell Salamon (American Airlines).
William Sample (Microsoft, on behalf of the R&D Credit Coalition).
Randall Capps (EDS).
Linda Evans (IBM).
Collie 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 reaction.
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 release.
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. 8:00-CV-2000-T-17F).
See, MSFT release.
9/28. 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, 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 Law Journal.
New TLJ Stories

FCC Issues Notice of Inquiry Regarding Open Access. (9/28) 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.
New Documents

FCC: Notice of Inquiry In the Matter of Inquiry Concerning High-Speed Access to the Internet Over Cable and Other Facilities, 9/28 (PDF, FCC).
DeBusk: Export Enforcement and the Challenge of Intangible Technology Transfers (speech), 9/27 (HTML, BXA).
CFTC: Complaint for Injunctive and Other Equitable Relief and for Civil Penalties under the Commodities Exchange Act re web based fraud, 9/26 (HTML, CFTC).
New and Updated Sections

Calendar (updated daily).
News from Around the Web (updated daily).
Quote of the Day

"Today we get some of our best evidence off of computers. E-mail provides an incredible record of transactions. We are always amazed at what people seem to be willing to put in E-mail -- things that they would never think to put in a letter!"  Amanda DeBusk (BXA) (source)

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