|1/16. The Senate
Judiciary Committee held the first day of hearings on the
nomination of John Ashcroft to be Attorney General. The
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.
|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 -
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
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.
on investors' rights, 1/16 (HTML, SEC).
re Special 301 review, 1/16 (TXT, FedReg).
in MD/DC/DE Broadcasters Association v. FCC re race and sex
based hiring regulations, 1/16 (TXT, USCA).
in AT&T v. BellSouth re Telecom Act and 11th Amendment,
1/16 (HTML, USCA).
that Clinton/Gore policies created the New Economy, 1/16 (PDF,
for Patent Infringement in Open Market v. Intershop
Communications, 1/9 (HTML, TLJ).
|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.
|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
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
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
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
in Lutheran Church v.
FCC. See, TLJ
story of April 16, 1998.
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.
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
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
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 firstname.lastname@example.org.
|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.
|About Tech Law Journal
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legislation, litigation, and regulation affecting the computer
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