study, 11/21 (PDF, DOJ). Caution: this is a very long
in U.S. Airwaves v. FCC re PCS C Block auction rules, 11/21 (HTML,
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
IITRI Draft Report on Carnivore, Nov. 21, at page xiv.
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
"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."
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
11/21. The Telecommunications
Industry Association (TIA) promoted Rali Mileva to Director of
Public Relations. See, TIA
Editor's Note: This column includes all News Briefs added to
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indicate when the event occurred, not the date of posting to Tech
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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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