Tech Law Journal Daily E-Mail Alert
Dec. 4, 2000, 8:00 AM ET, Alert No. 75.
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KenPSC: Order in Iglou v. BellSouth re discriminatory wholesale DSL service tariffs, 11/31 (HTML, TLJ).
EPIC: comments filed with the DOJ re Carnivore, 12/1 (HTML, EPIC).
ACLU: comments filed with the DOJ re Carnivore, 12/1 (HTML, ACLU).
CU: comments filed with FCC re notice of inquiry re broadband Internet over cable, 12/1 (PDF, MRC).
Gates: essay re Internet related legal and policy issues, 12/1 (HTML, MSFT).
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Calendar (updated daily).
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Quote of the Day

"Unlike traditional electronic surveillance techniques, which are capable of complying with the strict specificity and minimization requirements of federal wiretap law, Carnivore provides law enforcement with access to the private communications of all subscribers of a particular service provider. It is this unique aspect of Carnivore that gives rise to fundamental privacy risks. The Draft Report states that Carnivore is, indeed, capable of collecting more information than law enforcement is legally authorized to acquire ... we urge the Department of Justice and the Attorney General to suspend its use."

David Sobel, General Counsel of EPIC, in comments filed with the DOJ regarding Carnivore on Dec. 1.
News Briefs

12/1. Dec. 1 was the deadline for filing comments with the FCC in its Inquiry Concerning High-Speed Access to the Internet Over Cable and Other Facilities. For background, see FCC Notice of Inquiry [PDF] and release, both dated Sept. 28. The Consumers Union, Consumer Federation of America, Center for Media Education, and Media Access Project jointly filed comments [PDF] urging the FCC to begin a rule making proceeding to mandate open access. OpenNET also filed comments in support of FCC mandated open access. See, release. AT&T filed comments opposing FCC regulation. AT&T General Counsel Jim Cicconi stated that "Regulation here would only slow the delivery of these new services to residential customers". See, AT&T release. The Telecommunications Industry Association (TIA) urged the FCC not to mandate open access to cable operators' high speed networks used for Internet access via cable modems. See, TIA release. Reply comments are due by Jan. 10, 2000.
12/1. Bill Gates published an essay titled "Shaping the Internet Age." He addressed protecting intellectual property on the Internet, regulating e-commerce, privacy, network security, the "digital divide," and the role of government. He recommended that governments "speed the implementation of broadband technologies, deregulate where necessary to stimulate competition, resist the temptation to enact new regulations, and redouble our efforts to protect content on the Internet by strengthening and enforcing intellectual- property rights." Bill Gates and Hillary Clinton will hold a joint press conference on Mon. Dec. 4 in NYC. Gates will announce Microsoft donations and a program with the Boys & Girls Clubs of America to "bridge the digital divide". The event will be web cast. See, MSFT release.
12/1. ICANN published a report by the IANA recommending that authority for registering the .ca (Canada) country-code top level domain (ccTLD) be re-delegated from the University of British Columbia to the Canadian Internet Registration Authority (CIRA).
12/1. The EPIC filed comments with the Carnivore Review Panel at the Department of Justice (DOJ). The comments conclude: "We further believe that comprehensive Congressional oversight hearings and review of Carnivore's source code by the technical community must occur to determine (1) the actual capabilities of the Carnivore system; (2) whether use of Carnivore complies with federal statutory requirements; and (3) whether amendments to federal wiretap law are required before use of this system is permitted. While the IITRI review represents an important contribution to public understanding of Carnivore, it is clearly no substitute for the open process we suggest. Until Carnivore is subject to such open review and debate, we urge the Department of Justice and the Attorney General to suspend its use." (More on EPIC.) Background: the DOJ released a redacted copy of the 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 (IITRI) on Nov. 21. See also, FBI Carnivore web page.
12/1. The ACLU also filed comments with the DOJ regarding Carnivore. The ACLU argued that the IITRI reviewed a retired version of Carnivore, that it had too small a budget, and that it "failed to address the fundamental issues of whether Carnivore violates the Constitution’s guarantee against unreasonable searches and seizures and whether it complies that with existing statutory schemes authorizing electronic surveillance." See also, ACLU release, and testimony to House Const. Subcommittee on July 24. (More on ACLU.)
12/1. The FBI's NIPC issued an advisory that "there has recently been an increase in hacker activity specifically targeting U.S. systems associated with e-commerce and other internet-hosted sites." NIPC issues three levels of warning: assessments, advisory, and alerts. Advisories are the middle level.
12/1.The NTIA held its second government industry meeting on Third Generation (3G) wireless. See, NTIA's 3G web page.
12/1. The FCC issued a Notice of Proposed Rulemaking [MS Word] that states that the FCC will require all entities and people who interact with the FCC to obtain an FCC identification number. The NPRM states that the purpose is "to better manage the financial systems of the agency and improve compliance with various statutes that govern the financial operations of the Federal government". The NPRM also states that the requirement would extend to non-profit entities and amateur radio operators (neither of which pay fees to the FCC). The deadline for submitting comments in this rulemaking is 30 days after publication in the Federal Register. However, the NPRM adds that commenters in rulemakings need not obtain or submit an identification number. (MD Docket No. 00-205.)
12/1. The USPTO issued a notice that it will hold an examination on April 18, 2001 for persons seeking registration before the USPTO as patent attorneys and agents. The deadline for applications is Jan. 5, 2001. The next examination will be held on Oct. 17, 2001.
12/1. The Copyright Office (CO) issued a notice in the Federal Register regarding compulsory license copyright royalties. It set a cost of living adjustment of 3.4% in the royalty rates paid by colleges, universities, or other nonprofit educational institutions that are not affiliated with National Public Radio for the use of copyrighted published nondramatic musical compositions. Background: see, 17 U.S.C. § 118.
11/30. The Kentucky Public Service Commission (KPSC) issued an Order compelling BellSouth to issue a Kentucky- specific tariff regarding wholesale DSL service. The Complainant, Iglou Internet Services, an ISP in Louisville Kentucky, alleged that BellSouth structured its wholesale DSL tariff to ensure that only the largest ISPs (such as its own) could obtain the best discount available, thus precluding small ISPs (such as Iglou) from offering DSL service. The tariff, among other things, required a purchase of 40,000 lines to qualify for the best discount. The KPSC found that "the wholesale tariff of BellSouth unreasonably discriminates against most Kentucky independent ISPs and will not advance DSL service in Kentucky", and ordered it to file a new tariff. Iglou is represented by Jonathan Amlung.
11/30. Counsel for the Utah Lighthouse Ministry, Brian Barnard (Utah Legal Clinic), announced that a settlement has been reached in the copyright case Intellectual Reserve v. Utah Lighthouse Ministry. The intellectual property arm of the Mormon church filed suit alleging copyright infringement, and removal of copyright management information, in connection with defendants' publication in its web site of a Mormon church handbook. See, draft Permanent Injunction. Defendants agree not to publish quotes longer than 50 words, and not to hyperlink to other infringing web sites.
11/21. The U.S. Attorney’s Office (NDCal) issued a criminal complaint against Peter Morch, of San Francisco, charging theft of trade secrets in violation of 18 U.S.C. 1832. See. DOJ release. Joseph Sullivan and Jonathan Howden, both of Computer Hacking and Intellectual Property Unit of the U.S. Attorney’s Office, are the Asst. U.S. Attorneys prosecuting the case. FBI Special Agent Lisa Gentilcore, of the Palo Alto office, swore the complaint and supporting affidavit.
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.


Bill Gates and Hillary Clinton will hold a joint press conference! Gates will announce Microsoft donations, and a program with Boys & Girls Clubs of America to "bridge the digital divide". The event will be in New York City at 12:45 PM ET. The event will be web cast, and available by telephone dial in. See, MSFT release.


12/1. The Federal Election Commission (FEC) announced that General Counsel Lawrence Noble will depart on Jan. 1, 2001. He will be Exec. Dir. and General Counsel for the Center for Responsive Politics. Lois Lerner, the FEC’s Associate General Counsel for Enforcement, will be Acting General Counsel for six months while the FEC selects a new General Counsel. The FEC, which is responsible for enforcing the Federal Election Campaign Act (FECA), has increasingly been addressing questions regarding the Internet, including determining whether certain Internet activities constitute campaign contributions or expenditures, and applying the FECA to fund raising on the Internet. See, FEC release and CRP release.
12/1. The law firm of Vinson & Elkins named 15 new partners, including Stuart Ford, who handles computer technology intellectual property matters in the Houston office, Barry Burgdorf, who handles transactional matters for technology companies in the Austin office, Dean Harvey, who handles privacy, digital signatures, and e-contracts matters in the Austin office.
11/29. Brent Olson was named Deputy Chief of the FCC Common Carrier Bureau's Policy and Program Planning Division. This Division evaluates applications by the RBOCs to provide the long distance service, and merger review proceedings filed by common carriers. See, FCC release (MS Word).
11/27. The law firm of Gibson Dunn & Crutcher named 12 new partners, including  David Segal and Mark Lyon, who are in the firm's Intellectual Property section. Lyon works in the Palo Alto office on matters involving communications, computer hardware and software, integrated circuit and medical device technologies. Segal is in the Orange County office. See, GDC release. Another member of the firm, Ted Olson, presented oral argument [PDF] on behalf of the petitioner in George Bush v. Palm Beach County Canvassing Board (Supreme Court of the U.S., No. 00-836) on Dec. 1.
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