Tech Law Journal Daily E-Mail Alert
Dec. 13, 2000, 8:00 AM ET, Alert No. 82.
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Documents
Rohde: extended excerpts from NTIA chief Greg Rohde's press conference on bilateral talks with government officials in Asia regarding 3G wireless technologies, 12/12 (HTML, TLJ).
OMB: amendments to circular re acquisition and use of info. tech. by gov. agencies, and electronic FOIA, 12/12 (TXT, FedReg).
Levitt: speech regarding information and corporate governance, 12/12 (HTML, SEC).
Yongtu: speech to WTO meeting re intellectual property rights in China, 12/8 (HTML, WTO).
FTC: Complaint in FTC v. Martinez, 12/5 (PDF, FTC).
USDC: TRO in FTC v. Martinez, 12/5 (PDF, FTC).
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News Briefs
12/12. The Office of Management and Budget (OMB) published in the Federal Register lengthy amendments to its circular titled "Management of Federal Information Resources" regarding the acquisition and use of information technology by the government. This OMB revision also pertains to implementation of the 1996 Electronic FOIA Amendments. These revisions were made pursuant to the Clinger Cohen Act, which is also titled the Information Technology Management Reform Act of 1996, which grants authority to the OMB Director to oversee the acquisition, use, and disposal of information technology by the federal government. See also, contact info. (Federal Register, Dec. 12, Vol. 65, No. 239, at pages 77677 - 77687.)
12/12. Microsoft settled its temporary worker lawsuits.
12/12. The FCC conducted the first day of auctions of C and F block Personal Communications Services (PCS) licenses in the 2 GHz band.
12/12. SEC Chairman Arthur Levitt gave a speech in NYC to the FRB of NY regarding the need for "corporate governance" in "a marketplace driven by technology, information, and a more empowered investor base".
12/12. The FTC voted to approve a settlement agreement with WebTV. The FTC released its administrative complaint against WebTV on October 25 alleging that WebTV's advertising practices constitute unfair or deceptive acts or practices in violation of 5(a) of the Federal Trade Commission Act. The FTC and WebTV also simultaneously settled the matter. The Commission's vote followed the public comment period. The complaint alleged that WebTV advertised that "The WebTV set-top box is equivalent to a personal computer with respect to its Internet-related performance" whereas, in fact, "The WebTV set-top box is not equivalent to a personal computer with respect to its Internet-related performance. For example, WebTV set-top box users are unable to download, store, or run software available on the Internet, display certain Web pages or play certain Web files, or open email attachments in certain common formats". WebTV agreed not to advertise that its product "and a computer are equivalent in their ability to provide access to content available on the Internet" or that its product "provides access to all of the Internet's content".
12/12. The USTR designated three more Jordan Israeli Qualifying Industrial Zones (QIZs) from which goods can enter the U.S. duty-free. The newly designated QIZs are the Mushatta International Complex, the El Zay Duty Free Area and the Al Qastal Industrial Zone. See, USTR release.
12/11. The International Court of Arbitration (ICA) of the International Chamber of Commerce (ICC) issued its decision and award in an arbitration between Qualcomm and the Korean Electronics and Telecommunications Research Institute (ETRI) regarding royalties on sales of certain Code Division Multiple Access (CDMA) equipment in Korea. The ICA ordered Qualcomm to share royalty revenues with ETRI. "While we are disappointed by the ICA's decision, we continue to look forward to receiving strong royalty revenues from sales of CDMA equipment in Korea," said Qualcomm SVP and General Counsel Louis Lupin in a release.
12/11. Long distance phone service provider AT&T filed comments with the FCC opposing SBC's Section 271 application to provide long distance service in Kansas and Oklahoma. See, AT&T release.
12/8. Long Yongtu, head of the Chinese delegation to WTO meeting on China's accession to the WTO, gave a speech that included comments on intellectual property rights in China. He stated that "China is still making unremitting efforts in its WTO accession negotiations ... China is revising and amending relevant laws, regulations and rules to meet the WTO requirements. ... China will finish the drafting the legislation on the protection of layout and design of integrated circuit upon accession. China is not only accelerating the revision of its laws, but also putting more emphasis on the enforcement of laws. The 12-page plan on the IPR protection worked out at this session will ensure the comprehensive implementation of IPR laws and regulations consistent with international practices in China, which will create important conditions for further improving China's investment environment and strengthening China's cooperation with all countries in the world in the field of hi- and new technology." See also, Dec. 8 speech by WTO Dep. Director General Paul-Henri Ravier.
12/8. The National Association of Manufacturers (NAM) wrote a letter to Secretary of Commerce Norman Mineta regarding the U.S. Singapore free trade agreement (FTA). NAM requests that the FTA include a provision for investor state dispute settlement.
12/5. The FTC filed a Complaint [PDF] in U.S. District Court (CDCal) against Jeremy Martinez alleging unfair and deceptive trade practices in connection with the sale of computerized templates for the creation of fake identification in violation of 5(a) of the Federal Trade Commission Act, 15 U.S.C. 45(a). Defendant sold from a web site templates and programs that enabled purchasers to produce fake drivers licenses and birth certificates. The FTC further alleged that these activities further identity theft and underage drinking. The FTC seeks a permanent injunction, and disgorgement of ill gotten gains. The FTC also filed an ex parte motion for a temporary restraining order [PDF], which the Court granted on Dec. 5. The Order freezes Defendant's assets, orders an accounting of assets, gives the FTC broad access to Defendant's records, and enjoins further sales by Defendant. (Case No. 00-12701 CAS.) See, contact info. See also, FTC release.
Editor's Note: This column includes all News Briefs added to Tech Law Journal since the last Daily E-Mail Alert. The date indicates when the event occurred, not the date of posting to Tech Law Journal.
Quote of the Day
"An explosion of information sources, real-time news feeds, and on-line resources has reinvented how we gather and disseminate information. High quality information is the lifeblood of markets. But unless investors trust this information, investor confidence dies. Liquidity disappears. Capital dries up. Fair and orderly markets cease to exist. As the volume of information increases exponentially, the quality of information for investors and the markets they comprise must be our signal concern."

Arthur Levitt, SEC Chairman, from a Dec. 12 speech to the Fed. Reserve Bank of NY.
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