Tech Law Journal Daily E-Mail Alert
Nov. 22, 2000, 8:00 AM ET, Alert No. 69.
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IITRI: Carnivore study, 11/21 (PDF, DOJ). Caution: this is a very long download.
USCA: opinion in U.S. Airwaves v. FCC re PCS C Block auction rules, 11/21 (HTML, FCC).
Treas: notice re Privacy Act exemptions, 11/21 (TXT, FedReg).
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"Although IITRI specifically excluded questions of constitutionality and of illegal activity by the FBI from this evaluation, IITRI is concerned that the presence of Carnivore and its successors without safeguards as recommended below: (1) fuels the concerns of responsible privacy advocates and reduces the expectations of privacy by citizens at large; and (2) increases public concern about the potential unauthorized activity of law enforcement agents."

IITRI Draft Report on Carnivore, Nov. 21, at page xiv.

News Briefs

11/21. Intel and Broadcom announced that they settled all claims against each other brought under Intel's trade secret lawsuit against Broadcom, filed in March 2000, and under Broadcom's trade secret cross-complaint against Intel, filed in June 2000. In March Intel and its subsidiary, Level One Communications, filed a complaint in California Superior Court alleging misappropriation of trade secrets, unfair competition, and tortious interference with existing contractual relations in connection with Broadcom's hiring of three former Intel employees. On Nov. 21 both companies issued substantially identical releases that stated that the terms of the settlement are confidential, and provided little other information. See, Intel release and Broadcom release. Other litigation between the two chip makers continues. Intel filed a complaint against Broadcom in U.S. District Court (DDel) on Aug. 30, 2000 alleging patent infringement.
11/21. The Justice Dept. released a redacted copy of a 121 page study [PDF, very large file] regarding the Carnivore Internet surveillance system conducted for the FBI by the Illinois Institute of Technology Research Institute. The report, titled "Independent Technical Review of the Carnivore System Draft Report", concluded:
"1. When Carnivore is used correctly under a Title III order, it provides investigators with no more information than is permitted by a given court order. When Carnivore is used under pen trap authorization it collects TO and FROM information, and also indicates the length of messages and the length of individual field within those messages possibly exceeding court-permitted collection.
2. Operating Carnivore introduces no operational or security risks to the ISP network where it is installed.
3. Carnivore reduces, but does not eliminate, risk of both intentional and unintentional unauthorized acquisition of electronic communication information by FBI personnel, but introduces little additional risk of acquisition by persons other than FBI personnel.
4. While operational procedures or practices appear sound, Carnivore does not provide protections, especially audit functions, commensurate with the level of the risks."
EPIC, a privacy rights group which has filed a FOIA suit for access to Carnivore records, stated that the review "raises more questions than it answers". See also, FBI's Carnivore web page.
11/21. The Los Angeles City Council adopted a resolution pertaining to access to broadband cable Internet access facilities. The resolution was sponsored by Alex Padilla, and adopted unanimously. It does not mandate open access; rather, it is a collection of policy positions regarding open access, and an instruction to the City Attorney to promote them in proceedings before the FCC, FTC and CPUC. A draft copy of the resolution reads, in part: "RESOLVE that the City Attorney is hereby instructed and authorized to represent the City in any rulemaking or other proceedings before the FCC, the Federal Trade Commission, the California Public Utility Commission, or any other proceedings that relate to Internet transmission over cable facilities in a manner that encourages results consistent with this Resolution." See, Los Angeles City Council Agenda for Nov. 21, at Item No 9.
11/21. The U.S. Court of Appeals (DCCir) issued its opinion in U.S. Airwaves v. FCC in which it denied various petitions for review of the FCC's C-block auction rules.
11/21. The U.S. Department of the Treasury published in the Federal Register an 11 page notice regarding amendments to its Privacy Act exemptions. The notice pertains to exemptions for systems of records kept by the IRS, ATF, Customs, and other Treasury Dept. agencies. (Federal Register, Nov. 21, 2000, Vol. 65, No. 225, Pages 69865-69875.)
11/21. The Kansas Corporation Commission filed comments with the FCC recommending that the FCC approve the Oklahoma portion of SBC's Section 271 application to provide long distance service in Kansas and Oklahoma. See, SBC release.
11/21. The Telecommunications Industry Association (TIA) promoted Rali Mileva to Director of Public Relations. See, TIA 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.
Thursday and Friday: There will be no Tech Law Journal Daily E-Mail Alert.
Friday: The SEC's EDGAR system will be shut down for one day on Friday, November 24. The SEC will neither receive nor disseminate electronic filings that day. See, SEC release.
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