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Tech Law Journal
Daily E-Mail Alert
Oct. 11, 2000
8:00 AM ET.
Alert No. 39.

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News Briefs

10/10. Bill Clinton signed HR 4444, a bill extending permanent normal trade relations status to the People's Republic of China. See, statements at signing ceremony by Clinton, Rep. Hastert, Sen. Roth, Rep. Archer, Sen. Moynihan, Rep. Rangel, and Sec. Albright.
10/10. ICANN announced the results of its election of large members. Karl Auerbach won the seat for North America. He works in the Advanced Internet Architectures group at Cisco. He ran a "reform" campaign in which he condemned "the capture of ICANN by special interests - particularly pro-trademark groups and name registries and registrars." He is also a non-practicing attorney, and a member of the Calif. State Bar and its intellectual property section. See also, Auerbach campaign web site. German Andy Mueller-Maguhn won the seat for Europe. He is the Speaker of the Chaos Computer Club. Brazilian Ivan Moura Campos, the CEO of Akwan Information Technologies, won the seat for Latin America and the Carribean. Masanobu Katoh easily won the seat for Asia, Australia and the Pacific. He is Japanese, and works for Fujitsu, but lives in the suburbs of Washington DC. Nii Quaynor won for Africa. See also, elections results page.
10/10. FCC Chairman Wm. Kennard gave a blunt speech titled "What Does $70 Billion Buy You Anyway? Rethinking Public Interest Requirements at the Dawn of the Digital Age" in which he harshly criticized broadcasters on two fronts: delay in deploying digital TV, and failure to carry more debates and election content. He called broadcasters "spectrum squatters." See also, FCC release.
10/10. The Supreme Court of the U.S. denied NextWave's petition for writ of certiorari. See, Orders List [PDF] at page 5. NextWave obtained licenses at the FCC's C-block auctions in 1996, but was unable to make payments, and filed for bankruptcy. The FCC cancelled the licenses, but was blocked by the bankruptcy court. The District Court affirmed. The U.S. Court of Appeals (2nd Cir.) issued its order reversing and remanding the case on Nov. 24, 1999; it issued its opinion explaining its reversal in May 2000. The Supreme Court made no comment. FCC Chairman Wm. Kennard said that "This is another chapter closed. This is an important step in proceeding toward the December 12 auction." See, FCC release.
10/10. The RIAA and NMPA announced that they will license musical compositions for distribution on the Internet. Transactions will be handled by The Harry Fox Agency, a wholly owned subsidiary of the NMPA. "This opens a new era in the licensing of music on the Internet," stated NMPA CEO Edward Murphy in a press release. "Broad utilization by distributors of the licensing resources of HFA will make getting licensed music into the hands of the consumer that much easier. The arrangement will also enable accurate identification of Internet music files, a critical requirement for copyright owners and their songwriter partners." See, RIAA release.
10/10. Mark Simeon Jakob entered a plea of not guilty in U.S. District Court (CDCa) in the Emulex Internet hoax prosecution.
10/5. The SEC filed a complaint in U.S. District Court (DHa) against Robert Moore, individually, and doing business as the Kingdom of Enenkio. The complaint alleges that Moore used a web site, e-mail, and Internet bulletin board postings to offer for sale "Enenkio Gold War Bonds" in violation of federal securities laws. Judge Susan Mollway issued a temporary restraining order against further violation of securities laws, and freezing assets. (Case No. CV 0000651 SOM) The Kingdom of Enenkio web site asserts that Wake Island is a sovereign state. The war bonds web page does not specify Enenkio's planned military operations. However, the Kingdom also sells stamps. See also, SEC release.
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

Kennard Blasts Broadcasters for Spectrum Squatting and Scant Elections Coverage. (10/11) 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.
New Documents

Kennard: Speech re DTV and broadcasters' election coverage, 10/10 (HTML, FCC).
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Quote of the Day

"I think not only do we open up the rule of law so that we can have the right of rule of law when we sell our products there, we open it up to make sure that our products are protected with the copyright laws that we think are important, and intellectual properties that we hold so dear. But you know what -- we open it up so that we can exchange ideas and values and culture. And that's an important thing."

Rep. Denny Hastert (R-IL), at the signing ceremony for the PNTR bill. (source)

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