Tech Law Journal Daily E-Mail Alert
Nov. 6, 2000, 8:00 AM ET, Alert No. 57.
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USCA: Order re amicus briefs in MSFT antitrust appeal, 10/3 (PDF, USCA).
NIPC: advisory re threats of cyber terrorism associated with Israeli and Palestinian affairs, 11/3 (HTML, NIPC).
BXA: changes to export rules for high performance computers, 11/3 (TXT, FedReg).
FTC: changes to Rules of Practice re Int'l Antitrust Enforcement Assistance Act, 11/2 (HTML, FTC).
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Calendar (updated daily).
News from Around the Web (updated daily).
Quote of the Day

"Ye who are grown intolerably odious to the whole Nation; you who are deputed here by the people to get grievances redress'd, are yourselves become the greatest grievance. Your country, therefore, calls upon me to cleanse this Augean stable, by putting a final period to your iniquitous proceedings in this House; and which, by God's help and the strength he has given me, I am now come to do; I command ye therefore, upon the peril of your lives, to depart immediately out of this place; go, get out! Make haste! Ye venal slaves be gone! So! Take away that shining bauble there, and lock the doors. In the name of God, go!"

Rep. David Obey (D-WI), on the adjournment of the House, quoting from Cromwell's dismissal of the Parliament in 1653.

"So goodbye, God bless you, see you in two weeks."

Rep. Bill Young (R-FL), Nov. 3, 2000.

News Briefs

11/3. Bill Clinton vetoed HR 4392, the Intelligence Authorization Act for Fiscal Year 2001. The bill included a provision criminalizing unauthorized disclosure of classified information. Clinton explained that "the free flow of information is essential to a democratic society" and "there is a serious risk that this legislation would tend to have a chilling effect on those who engage in legitimate activities." See, Clinton veto statement.
11/3. The Office of Personnel Management announced that "Computer specialists and other information technology employees with the federal government will receive pay increases ranging from 7 percent to 33 percent". The announcement, which is designed to make the federal government more competitive with the private sector, was made 4 days before the Nov. 7 elections. See, release.
11/3. 3Com announced it reached a settlement two class action lawsuits -- Reiver v. 3Com and Adler v. 3Com. Under the settlement, which still requires court approval, 3Com will pay $259 Million in cash to shareholders. The suits arose out of 3Com's acquisition of US Robotics in 1997. See, 3Com release.
11/3. The U.S. Court of Appeals (DCCir) issued an order [PDF] regarding to the filing of amicus curiae briefs in the Microsoft antitrust appeal. The Court will allow six briefs, each not to exceed 25 pages. The four major anti Microsoft entities that sought permission to file briefs (AOL, CCIA, SIIA, and ProComp) are required to file one brief jointly. Similarly, the two major pro Microsoft entities (ACT and CompTIA) are required to file together. Two other pro Microsoft entities (TAFOL and CMDC) are also required to file jointly. Their brief will not likely receive much attention from the Court. Three individuals who are Microsoft critics who asked permission to file briefs will also be permitted to do so. The two pro Microsoft amicus briefs are due by Nov. 27. The four anti Microsoft briefs are due by Jan. 12. The net result is that while the court is permitting numerous amicus briefs, it will only receive two significant ones, a pro Microsoft brief from ACT and CompTIA, and an anti Microsoft brief from AOL, CCIA, ProComp, and SIIA.
11/3. The FBI's NIPC issued an advisory regarding cyber attacks against Palestinian and Israeli related web sites. It stated that "The continued tension and increase in the number of cyber attacks shows no signs of abating and has reportedly resulted in attacks on two U.S. web sites. The attack against one of the sites, the American-Israel Public Affairs Committee (AIPAC), differs from previous attacks on other web sites in that it is the first of its kind to have experienced theft of information, including credit card information. All other attacks involving Palestinian and Israeli-related sites are believed to have consisted solely of a DoS type of attack." The advisory added that "It is anticipated that as the conflict in the Middle East continues, the level and severity of cyber attacks being experienced may escalate and expand."
11/3. The Bureau of Export Administration published changes to the Export Administration Regulations (EARs) for high performance computers (HPCs) in the Federal Register. The BXA published new regulations on Oct. 13. The BXA stated that the Nov. 3  publication "corrects inadvertent errors or omissions in the October 13 rule". See, Federal Register, Nov. 3, 2000, Vol. 65, No. 214, page 66169 - 66170. [Background: The Oct. 13 rule provides that HPCs with a composite theoretical performance (CTP) of up to 45,000 million theoretical operations per second (MTOPS) can be exported to Computer Tier 2 countries under License Exception CTP, and HPCs with a CTP up to 28,000 MTOPS can be exported Computer Tier 3 destinations under License Exception CTP. The civil-military distinction for computer Tier 3 end- users and end-uses is removed. Effective February 26, 2001, this rule also raises the advance notification level for HPC exports to Computer Tier 3 countries to 28,000 MTOPS. These new regulations took effect on October 13.]
11/3. Youth-e-Vote released the results of an online election in which 1,330,913 students cast ballots. In the presidential race, Bush / Cheney won with 56% of the popular vote, and 386 electoral votes. Gore / Lieberman received 38% of the popular vote and 155 electoral votes. Nader / LaDuke got 4%. Buchanan / Foster got 2%. Republicans retained a majority in the Senate. Lazio beat Clinton in New York; Republicans also won open seats in Nebraska, Florida, and Nevada. However, Democrat Corzine won the seat of the retiring Lautenberg (D-NJ). All incumbents seeking re-election won, except Roth (R-DE), Gorton (R-WA), Grams (R-MN), Ashcroft (R-MN), and Robb (D-VA). Results were not tallied for House districts.
11/2. The FTC announced changes to its Rules of Practice. The changes delegate to the Director of the Bureau of Competition the authority to respond to certain requests made pursuant to agreements under the International Antitrust Enforcement Assistance Act (IAEAA).
11/2. Qualcomm announced that it has received a ruling from the IRS indicating that the proposed spin-off of its integrated circuits and system software business, Qualcomm CDMA Technologies, which are also know as Qualcomm Spinco, should be a tax-free distribution to Qualcomm and its stockholders. See, release. See also, July 25 release announcing the spin-off.
10/25. Stanley Lipides entered a plea of guilty to mail fraud in U.S. District Court (DNJ). The one count information charged him with fraud for selling over the Internet AIDS testing devices that he represented were FDA approved, when in fact, the devices were neither FDA approved, nor accurate. Sentencing is scheduled for 10:30 AM on Feb. 13, 2001. See, 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.
On Tuesday Nov. 7 at 12:15 PM ET the Federal Communications Bar Association's Common Carrier Committee will host a brown bag lunch. The speaker will be Dorothy Attwood, Bureau Chief of the FCC's Common Carrier Bureau. Location: Wiley Rein & Fielding, 1750 K Street, NW, 10th Floor.
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