Tech Law Journal Daily E-Mail Alert
Jan. 15, 2001, 8:00 AM ET, Alert No. 101.
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Domain Names
1/12. Rep. Billy Tauzin (R-LA), Chairman of the House Commerce Committee, and Rep. Fred Upton (R-MI), Chairman of the Telecom Subcommittee, wrote a letter to Michael Roberts, President of ICANN stating their plans to hold a hearing in February on the process for creating new top level domains.
Patent Lawsuits
1/12. NetZero filed a complaint in U.S. District Court (CDCal) against AT&T alleging patent infringement. NetZero, an ISP and web marketer, alleges that AT&T infringed U.S. Patent No. 6,157,946, which applies to a process that enables an ISP to display ads or messages through a window that is separate from the browser. NetZero filed a complaint against Juno on Dec. 26, 2000, alleging infringement of the same patent. It obtained a 65 day Temporary Restraining Order (TRO) against Juno on Jan. 5, 2001.
1/9. Open Market filed a complaint in U.S. District Court (DDel) against Intershop alleging patent infringement. Plaintiff alleges infringement of three patents, U.S. Patent No. 5,708,780 entitled "Internet Server Access Control and Monitoring System," U.S. Patent No. 5,715,314, titled "Network Sales System," and U.S. Patent No. 5,909,492, also titled "Network Sales System." Open Market provides e-business application software and software services for managing and delivering online content, engaging in personalized online marketing and merchandizing campaigns, and conducting commerce via a secure transaction processing and order management system.
New TLJ Story
FCC Approves AOL Time Warner Merger. The FCC approved the merger of AOL and Time Warner with conditions regarding open access to broadband cable Internet access and interoperability of advanced instant messaging services.
New Documents
DOJ: brief in Microsoft antitrust case, 1/12 (HTML, DOJ).
AOL: brief of amici curiae in support of the government in the Microsoft antitrust case, 1/12 (PDF, USCA).
HCC: letter from Rep. Tauzin and Rep. Upton re hearing on ICANN, 1/12 (HTML, TLJ).
FCC: paean to William Kennard, 1/12 (PDF, FCC).
WTO: speech by Mike Moore re free trade and info tech, 1/11 (HTML, WTO).
Updated Sections
Calendar (updated daily).
News from Around the Web (updated daily).
News Briefs
1/12. The Department of Justice filed its brief with the U.S. Court of Appeals (DCCir) in the Microsoft antitrust case. It urges affirmance of Judge Thomas Jackson's judgment. The amici curiae in support of the government also filed their brief [PDF]. These were AOL, CCIA, ProComp, and SIIA. The attorneys on this brief included Ken Starr and Robert Bork (both of whom are former members of the Court of Appeals for the District of Columbia), and Walter Dellinger (who, like Starr and Bork, is a former Solicitor General). Microsoft's reply brief is due on Jan. 29. Final briefs are due on Feb. 9.
1/12. FCC Chairman William Kennard announced his resignation from the FCC, effective Jan. 19, 2001. His term would have ended in June. See, FCC release. For the next few months, Chairman Kennard will serve as a Senior Fellow at the Aspen Institute's Communications and Society Program in Washington DC. See, Aspen release.
1/12. The FCC published a document [PDF] titled "Principal FCC Achievements During Chairman Kennardís Tenure 1997-2001."
1/12. The U.S. District Court (DMd) dismissed 38 complaints filed against Microsoft alleging violation of federal antitrust laws. Many other private antitrust actions are still pending against Microsoft.
1/12. The U.S. Court of Appeals (2ndCir) issued its opinion in NCA v. AT&T affirming the lower court's judgment that AT&T violated the statute and regulations requiring common carriers to provide services to resellers on the same terms that such services are provided to end users. See, 47 U.S.C. 202(a).
1/12. The Antitrust Division of the Department of Justice (DOJ) published in the Federal Register a notice that it filed a proposed Final Judgment, Stipulation, and Competitive Impact Statement in USA v. WorldCom and Intermediate Communications. WorldCom and the DOJ reached their agreement regarding WorldCom's acquisition of Intermedia back in Nov. of 2000. They agreed that WorldCom would divest all of Intermedia's assets, except its controlling interest in Digex. To put this agreement into effect the DOJ filed a complaint and proposed consent decree in the U.S. District Court (DDC) on Nov. 17. The objection of the DOJ related to the circumstance that both WorldCom and Intermedia owned Internet backbone networks. Intermedia also provides voice and data services. Digex provides web and applications hosting for e-businesses. The purpose of this notice is to seek public comment. Comments are due within 60 days of this notice. See, Federal Register, Jan. 12, 2001, Vol. 66, No. 9, at Pages 2929 - 2939.
1/12. EPIC and Privacy International started a web site that publishes privacy related news. It is named
1/11. WTO Director General Mike Moore gave a speech in Hyderabad, India, on free trade and information technology. He stated that "developing countries need at least four things. One is skilled workers. India has plenty of them: it accounts for a third of the world's software engineers. Two more are access to computer technology at world prices and efficient, low-cost telecoms. ... The final requirement for success in the digital age is free access to rich-country markets. Rich-country markets are reasonably open, but obstacles remain, for instance, for Indian software engineers who want temporary visas to work in America or Europe." He also advocated a new round of trade negotiations.
1/12. Jessica Wallace is the new Telecom Counsel for the House Commerce Committee. She previously worked as a Legislative Assistant to Rep. Billy Tauzin (R-LA), and before that as a lobbyist for the law office of Verner Liipfert, and as a Legislative Assistant to Rep. Cliff Stearns (R-FL). During the last Congress, Justin Lilley was the Telecom Counsel. He is now at News Corp.
1/9. DeAnne Ozaki joined the Los Angeles office of the law firm of Latham & Watkins. She will be Of Counsel in the Venture & Technology Practice Group. She practices copyright, trademark, licensing and Internet law. She was previously a partner in the Los Angeles office of Katten Muchin Zavis. See, release.
1/8. Veronica Lewis joined the Dallas office of law firm of Vinson & Elkins as a partner. See, release. She has represented Time Inc., and Warner Communications Inc., and AT&T. She was previously a partner at Thompson & Knight. She has also worked at Lowenstein Sandler in New Jersey, and in the New York office of Cravath Swaine. See, release.
Computer Crime
12/27. The U.S. District Court (CDCal) sentenced Steve Shklovskiy and Yan Shtok to 27 months in federal prison and ordered them to pay more than $100,000 in restitution. The two Russian born men spidered the Internet to harvest e-mail addresses. They then sent over 50,000,000 spam e-mail messages, with forged header information, which promised enormous returns from a bogus work-at-home scheme in exchange for the payment of a $35 processing fee. They forged header information on the e-mails that falsely listed a return address at, a California ISP. 12,405 people were defrauded, BigBear's servers crashed, and it had to assign three workers to respond to complaints for six months. The case is the result of an investigation by the U.S. Postal Inspection Service. Asst. U.S. Atty. Christopher Johnson prosecuted the case. See, release.
Quote of the Day
"There have been a number of reports that ICANN's process to create a new generation of Internet domain name suffixes may be thwarting competition in the registration and assignment of Internet domain names."

Rep. Billy Tauzin (R-LA) and Rep. Fred Upton (R-MI), from their Jan. 12 letter to ICANN CEO Michael Roberts.
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