Tech Law Journal Daily E-Mail Alert
Jan. 17, 2001, 8:00 AM ET, Alert No. 103.
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107th Congress
1/16. The Senate Judiciary Committee held the first day of hearings on the nomination of John Ashcroft to be Attorney General. The Senate Foreign Relations Committee held the first day of hearings on the nomination of Colin Powell to be Secretary of State. Both hearings continue on Jan. 17.
Intellectual Property
1/16. The USTR published in the Federal Register a request for comments regarding countries that deny adequate and effective protection of intellectual property rights. Section 182 of the Trade Act of 1974 requires the USTR to identify countries that deny adequate and effective protection of IP rights or deny fair and equitable market access to U.S. persons who rely on IP protection. This provision is also referred to as "Special 301". Comments are due by 12:00 NOON on Friday, Feb. 16, 2001. See, Federal Register, Jan. 16, 2001, Vol. 66, No. 10, at Pages 3640 - 3641.
1/16. The Intellectual Property Owners Association (IPO) announced that Wayne Paugh, who is currently an aide to Rep. Dana Rohrabacher (R-CA), will become its Intellectual Property Counsel - Government Affairs, effective Feb. 5.
New TLJ Stories
Commerce Dept. and 19 Companies Announce IT Security Group. The Commerce Department and executives from nineteen information technology companies met in Washington DC to announce the formation of a group named Information Technology Information Sharing and Analysis Center. This ISAC will share information about cyber attacks, protective measures, and other information security issues.
New Documents
Levitt: speech on investors' rights, 1/16 (HTML, SEC).
USTR: notice re Special 301 review, 1/16 (TXT, FedReg).
USCA: opinion in MD/DC/DE Broadcasters Association v. FCC re race and sex based hiring regulations, 1/16 (TXT, USCA).
USCA: opinion in AT&T v. BellSouth re Telecom Act and 11th Amendment, 1/16 (HTML, USCA).
Clinton/Gore: report that Clinton/Gore policies created the New Economy, 1/16 (PDF, Clinton/Gore).
Connolly: Complaint for Patent Infringement in Open Market v. Intershop Communications, 1/9 (HTML, TLJ).
Updated Sections
Calendar (updated daily).
News from Around the Web (updated daily).
Quote of the Day
"These people now have become very well skilled at their trade. They are supported by very wealthy and very powerful entities within the world today ..."

Gregory Aker, Cisco, speaking about cyber threats at an event announcing the formation of the Information Technology Information Sharing and Analysis Center, Jan. 16.
News Briefs
1/16. Secretary of Commerce Norman Mineta and executives from 19 information technology companies announced the formation of the Information Technology Information Sharing and Analysis Center. See, DOC release. See also, TLJ story.
1/16. Outgoing SEC Chairman Arthur Levitt gave a wide ranging speech in Philadelphia in which he addressed investor rights and the state of securities markets. He touched on the Internet. He stated that "getting the facts could not be more important in a day and age when we are bombarded with more information than ever before. That's due, in no small part, to the Internet, which in many respects has leveled the playing field and empowered America's investors. But beware, the Internet with its low cost, anonymity, and large number of innocent investors also makes it ripe for out-and-out fraud. Chat rooms are a case in point. Chat rooms increasingly have become a source of information and misinformation for many investors." Levitt has announced that he will leave the SEC next month.
1/16. The outgoing Clinton-Gore administration released a report [huge PDF file] on electronic commerce. It is a lengthy and glossy exercise in self-praise. It was written by the "U.S. Government Working Group on Electronic Commerce," and is titled "Leadership for the New Millennium: Delivering on Digital Progress and Prosperity." It proclaims that "This report outlines the Clinton-Gore Administration's success in making the Internet a tool for both social and economic growth." It states that "The Clinton-Gore Administration has played a major role in nurturing the medium ..." and that the "Clinton-Gore Administration and its partners have made particular progress in connecting Americans."
1/16. The U.S. Court of Appeals (5thCir) issued a split opinion in AT&T v. BellSouth and LPSC, a case concerning application of the 11th Amendment to suits brought against state public services commissions (PSCs) regarding their decisions on interconnection. The Court ruled 2 to 1 that a telecom carrier is not barred by the 11th Amendment from bringing suit in federal district court against a state PSC under the Telecom Act of 1996 for judicial review of whether the commission's arbitration determination with respect to an interconnection agreement meets the requirements of the Act. The 1996 Act requires the incumbent local exchange carriers (ILECs, such as BellSouth) to facilitate market entry. For example, they are required under 47 U.S.C. 251(c) to share their network with competitors, who can purchase local telephone services at wholesale rates for resale to end users, lease elements of the incumbent's network on an unbundled basis, or interconnect its own facilities with the ILEC's network. The Act provides that either party can petition the state PSC to mediate. In the present case, AT&T attempted to negotiate an interconnection agreement with BellSouth, failed to reach agreement, and petitioned the Louisiana PSC to mediate, which resolved the dispute in BellSouth's favor. AT&T appealed to the U.S. District Court, which dismissed, pursuant to the 11th Amendment. Reversed.
1/16. The U.S. Court of Appeals (DCCir) issued its opinion in MD/DC/DE Broadcasters Association v. FCC, a petition for review of the FCC's latest race and sex based hiring rules for broadcasters. The Court vacated the FCC's rules in their entirety on the grounds that they are unconstitutional under equal protection analysis. The Court ruled that the FCC rules put pressure on broadcasters to recruit women and minorities, that the rules are a race based classification to which the strict scrutiny test applies, that the rules are not narrowly tailored to meet a compelling state interest, and that hence, they are unconstitutional. See also, outgoing Chairman Wm. Kennard's reaction, and Commissioner Tristani's reaction. The Court also vacated the FCC's previous rules in 1998 in its opinion in Lutheran Church v. FCC. See, TLJ story of April 16, 1998.
1/16. DSL provider NorthPoint Communications filed a petition for Chapter 11 protection with the U.S. Bankruptcy Court (NDCal). CEO Liz Fetter blamed Verizon: "When Verizon unexpectedly pulled out of the merger and its interim funding obligations, which we believe was a breach of Verizon's agreements with NorthPoint, it created a funding shortfall." See, release.
1/16. Verizon resubmitted its Section 271 application to provide long distance service in Massachusetts to the FCC. See, release.
9:30 AM - 12:30 PM. The NTIA will host a government - industry meeting on 3G wireless services. The meeting will be held in conjunction with the FCC and Department of Defense. Location: Polaris Room of the Ronald Reagan Building (Concourse Level), 1300 Pennsylvania Ave.
9:30 AM. The Senate Finance Committee will hold a hearing on the nomination of Paul O'Neill to be Secretary of the Treasury.
10:00 AM. The Senate Judiciary Committee will hold the second day of hearings on the nomination of John Ashcroft to be Attorney General.
10:30 AM. The Senate Foreign Relations Committee will hold the second of day of hearings on the nomination of Colin Powell to be Secretary of State.
12:15 PM. The Federal Communications Bar Association's Cable Committee will host a luncheon. The speaker will be Sherille Ismail, Deputy Chief of the FCC's Cable Services Bureau. The price is $15. Location: Mintz Levin, 701 Pennsylvania Ave., NW, 9th Floor. RSVP to
Justice Dept.
1/12. The CCIPS of the DOJ published a revised version of its manual titled Seizing Computers and Obtaining Evidence in Electronic in Criminal Investigations. See also, release.
1/11. A grand jury of the U.S. District Court (CDCal) returned an indictment against DEA agent Emilio Calatayud. The indictment states that over a six year period he searched various law enforcement computer systems and databases to obtain sensitive information, and then sell it to a private investigations firm, Triple Check Investigative Services. The indictment charges Calatayud with five counts of computer fraud, five counts of wire fraud, and receiving a bribe. See, release. The DEA is a part of the U.S. Department of Justice.
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