Tech Law Journal Daily E-Mail Alert
Nov. 13, 2000, 8:00 AM ET, Alert No. 62.
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New Documents

ICANN: Report on New TLD Applications, 11/10 (HTML, ICANN).
MW: Complaint against WorldCom, 11/7 (HTML, MW).
MW: Complaint against PSINet, 11/3 (HTML, MW).
MW: Complaint against Clarus, 10/30 (HTML, MW).
New and Updated Sections

Calendar.
News from Around the Web.
Quote of the Day

"The technical team concluded that dotLAW's proposed technical plan did not support the proposed business plan in several areas, including lack of experience in running a registry of a comparable size and an inadequate fault tolerance design. The technical team was also concerned that the proposed TLD would operate at a scale of 100 times that of the applicant's existing experience and that its plan did not appear sufficient to handle this increase. The technical team was further concerned with the security design of the proposed system. The business/financial team concluded that dotLAW's application was incomplete and weak ..."

ICANN's Report on TLD Applications, regarding dotLAW's application for a .law TLD.
News Briefs

11/10. U.S. District Court (SDFl) Judge Donald Middlebrooks released his opinion in the Broward County cable access case in which he held the county ordinance unconstitutional. On July 13, 1999, Broward County adopted an ordinance that required Comcast to provide competing ISPs access to its broadband cable Internet access facilities. On July 20, 1999 Comcast filed its original complaint against Broward County alleging many legal theories, including, that the ordinance violates the Communications Act of 1934, that it violates Comcast's First Amendment rights, that it impairs interstate commerce, that it constitutes an unlawful taking, that it is an unlawful impairment of contract, and that it violates due process rights.
11/10. ICANN released a series of reports just prior to its annual meeting on Nov. 13-16 in Marina Del Ray, California. See, meeting agenda. Its lengthy Report on New TLD Applications recommended creating a limited number of new top level domains (TLDs) from the general purpose TLD applications. The report stated that the following "merited further review": .web, .biz, .ebiz, .home, .info, .site, .sport, .surf, .cash, .global, and .secure. The report also recommended creating a few personal TLDs from among the following: .nom, .per, .i, .nom, .name, .nom, .san, and .xing. However, the report also recommended against creating either a .kids or .xxx TLD. The report stated that "The concept of a content-restricted TLD presents difficult definitional issues: Who is a 'kid'? What content is 'appropriate'? And who decides? Given the international reach of the Internet, the complexity of these definitional issues is compounded by many diverse cultures and a variety of community and individual views on the answers." The report noted too that both pornographers and the COPA Commission opposed creation of a .xxx TLD. The report also recommended against creating restrictive commercial group TLDs (.fin, .travel, .law, and .pro).
11/10. ICANN also published reports titled
  Staff Working Paper on ICANN Cost Recovery Structure for Domain Name Registries Posted, and
  Audited Financial Report for Fiscal Year Ending 30 June 2000.
11/10. ICANN announced that 24 additional companies in Austria, Australia, Germany, Japan, Korea, Taiwan, U.K., and U.S. have qualified to be accredited as domain name registrars in the .com, .net and .org domains. See, release.
11/9. Economic Solutions, Inc. (ESI) filed a complaint in U.S. District Court (EDMo) against ICANN seeking injunctive relief prohibiting it from establishing a .biz or .ebiz TLD, or any other TLD that is similar to the country code for Belize, .bz. ESI has an agreement with the country of Belize to market the .bz TLD. ICANN had this to say: "ESI's lawsuit is without merit." See, ICANN release. See also, undated 1999 Belize press release (at item 3) and Oct. 18 letter from ESI to ICANN.
11/10. Australian Prime Minister John Howard opened Lucent's new facility at Sydney's North Ryde. See, Lucent release.
11/10. Qualcomm announced that "the European Patent Office (EPO) has upheld the validity of another of QUALCOMM's patents covering important features of CDMA systems. The opposition proceedings were initiated by Nokia Mobile Phones Ltd. of Finland in July 1998. The EPO rejected Nokia's challenge to all claims and ruled that the patent had novelty and contained the requisite inventive step." Qualcomm also announced that "the EPO has terminated two other opposition proceedings in QUALCOMM's favor, maintaining the patents in both cases." See, Qualcomm release.
11/6. Veronica Kayne joined the Washington office of the law firm of Wilmer, Cutler & Pickering as a partner. She was previously Assistant Director of the FTC's Bureau of Competition, Anticompetitive Practices Division. She will work on antitrust, intellectual property, and e-commerce matters. See, WCP release [PDF]. She was an antitrust attorney in the DC office of King and Spalding before going to the FTC in June of 1996.
11/7. Two individuals filed a complaint in U.S. District Court (SDMiss) against WorldCom, CEO Bernie Ebbers, and CFO Scott Sullivan, alleging violation of federal securities laws. The plaintiffs, who seeks class action status, are represented by several law firms, including Milberg Weiss. Count one alleges violation of 10b of the Securities Exchange Act of 1934, and Rule 10b5 thereunder, for making allegedly false statements about the financial status of WorldCom. Count two of the complaint alleges violation of 20a of the Act by Ebbers and Sullivan. Milberg Weiss is a law firm that specializes in bringing class action securities suits against technology companies with volatile stock prices. The Stanford Securities Class Action Clearinghouse reports that 168 securities class action suits have been brought in federal court so far this year.
11/3. Three individuals filed a complaint in U.S. District Court (EDVa) against PSINet, CEO William Schrader, COO Harold Willis, and CFO Larry Hyatt, alleging violation of federal securities laws. The plaintiffs, who seeks class action status, are represented by several law firms, including Milberg Weiss. Count one alleges violation of 10b of the Securities Exchange Act of 1934, and Rule 10b5 thereunder, for making allegedly false statements about the financial status of PSINet. Count two of the complaint alleges violation of 20a of the Act by Schrader, Willis, and Hyatt. PSINet provides corporate Internet access, private IP networks, Internet security, web and database hosting services, e-commerce solutions, and voice, fax, live audio-video, and other applications. Cohen Milstein and other firms are also participating as counsel.
10/30. Milberg Weiss is counsel in yet another securities class action suit against a tech company. See, complaint against Clarus filed in U.S.D.C. (NDGa). Clarus provides business to business (B2B) e-commerce solutions, including B2B procurement software. 
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.

ICANN Annual Meeting

November 13-16. ICANN will hold its annual meeting in Marina Del Rey, California. See, schedule.

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