Tech Law Journal Daily E-Mail Alert
Nov. 14, 2000, 8:00 AM ET, Alert No. 63.
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New Documents

USDC: order and opinion in the Broward County cable access case holding that mandatory access to broadband cable Internet access facilities violates the First Amendment, 11/8 (HTML, TLJ).
ELL: complaint in Unity Entertainment v. MP3.com for copyright infringement, 11/7 (HTML, TLJ).
New and Updated Sections

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

"It is ironic that a technology, which is permitting citizens greater ease of access to channels of communication than has existed at any time throughout history, is being subjected to the same arguments rejected by the Supreme Court in Tornillo. Broward County's ordinance intrudes upon the ability of the cable operator to choose the content of the cable system and imposes a cost in time and materials in order to make available the space that may be demanded. The result has been that cable operators have not provided Internet service in unincorporated Broward county. Compelled access like that ordered by the Broward County ordinance both penalizes expression and forces the cable operators to alter their content to conform to an agenda they do no set."

Judge Donald Middlebrooks, from his opinion in Comcast v. Broward County.
News Briefs

11/13. Bill Clinton signed HR 5239, which reauthorizes the Export Administration Act of 1979 until August 20, 2001. The Act expired in 1994. However, Clinton kept the export administration regulations in force by executive order. The Act establishes export licensing policy for high performance computers (HPCs), software, encryption products, and other items. HR 5239 simply states that "section 20 of the Export Administration Act of 1979 (50 U.S.C. App. 2419) is amended by striking 'August 20, 1994' and inserting 'August 20, 2001'." Clinton stated that "While a comprehensive revision of the Export Administration Act is necessary, this reauthorization of the EAA is a needed short-term step." See, Clinton's signing statement. Many export licensing controversies remain for the next administration and Congress.
11/13. Marimba and Novadigm announced that they have has settled their pending patent disputes, and that they each have agreed to dismiss their patent infringement lawsuit against the other party. The terms of the settlement are secret. See, Marimba release and Novadigm release. Reference: Case No. C-97-20194-JW, U.S. District Court (NDCal),
11/13. World Online stated that "On November the 13th 2000 the Prosecutor of the Justice Department in Amsterdam commenced an investigation in the offices of World Online International NV in the light of allegations of insider trading around the company's listing on March 17th 2000." See, World Online release. World Online is a Netherlands based Internet service provider, Internet portal and content provider, and application service provider.
11/13. The Department of Defense published a notice in the Federal Register that the Telecommunications Service Priority System Oversight Committee (TSPOC) has been renewed. The TSPOC provides advice and recommendations to the Secretary of Defense regarding the priority treatment of national security and emergency preparedness telecommunications services. See, Federal Register, Nov. 13, 2000, Vol. 65, No. 219, Pages 67718-67719. See also, TSP web site.
11/9. The FTC filed a "consent judgment" and a "proposed default judgment" in its injunctive proceeding against World Interactive Gaming Corp. (WIGC), a Delaware Corp. which owns an Antigua Internet casino corporation. In Aug. 1998, the FTC filed a complaint in the U.S. District Court (EDNY) charging defendants with violation of 5 of the Federal Trade Commission Act in connection with the offering for sale of securities. The FTC complaint stated that defendants misrepresented to consumers "that their purported Internet casino can expect to make approximately $100 million in its first year of operation." The FTC stated that "The proposed settlement will bar deceptive claims in the future, require more than $500,000 to be returned to investor-victims, and require the defendants to post a $2 million bond prior to engaging in, or assisting others engaging in, the promotion, advertising, marketing or sale of an investment in any company that owns or intends to own an online gaming entity." See, FTC release. The State of New York has also pursued WIGC. See, case summary by the NY Office of the Atty. Gen., and opinion of the Supreme Court of New York in People v. World Interactive Gaming Corp.
11/7. The SEC filed a complaint in the U.S. District Court (DKan) against several defendants involved in an Internet based securities fraud scheme. The SEC alleged violation of 17(a) of the Securities Act, and 10(b) of the Securities Exchange Act and Rule 10b-5 thereunder. The Court issued various emergency orders sought by the SEC to freeze assets, appoint a receiver, require an accounting, and expedite discovery. See, 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.

ISTAC Meeting
Nov. 15 and 16

There will be a two day meeting of the Information Systems Technical Advisory Committee (ISTAC) of the Bureau of Export Administration (BXA) of the Department of Commerce. See, notice in Federal Register. This committee deals with export controls applicable to information systems equipment and technology. Parts of the meeting will be closed to the public. Location: Herbert C. Hoover Building, Room 3884, 14th Street between Pennsylvania Avenue and Constitution Avenue NW, Washington DC.

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