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).
to circular re acquisition and use of info. tech. by gov.
agencies, and electronic FOIA, 12/12 (TXT, FedReg).
regarding information and corporate governance, 12/12 (HTML,
to WTO meeting re intellectual property rights in China, 12/8
in FTC v. Martinez, 12/5 (PDF, FTC).
in FTC v. Martinez, 12/5 (PDF, FTC).
|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
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
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
12/8. Long Yongtu, head of the Chinese delegation to WTO
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)
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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