| Legislation | 
               
              
                1/31. Rep. Gene Green
                  (D-TX) introduced HR 347, the Consumer Online Privacy and
                  Disclosure Act, a bill to require the FTC
                  to write online privacy regulations. Rep. Green stated
                  that "My legislation would prohibit Internet Service
                  Providers (ISP) and Web site operators from allowing third
                  parties to attach these persistent cookies to a consumer's
                  computer without his or her knowledge and consent. ... The
                  bill also requires a Web site or online service to provide
                  consumers with an option to prevent the use of their personal
                  information for any activity other than the particular
                  transaction. And finally, the privacy policy must clearly
                  state how any information, collected information will be
                  shared or transferred to an external company or third
                  party." The bill was referred to the House Commerce Committee.
                   
                  1/30. Rep.
                  Rodney Frelinghuysen (R-NJ) introduced HR 260, Wireless
                  Privacy Protection Act of 2001, a bill to require customer
                  consent to the provision of wireless call location
                  information. The bill has been referred to the House Commerce Committee.
                   
                  1/30. Rep. Phil
                  English (R-PA) introduced HR 267, the Broadband
                  Internet Access Act. The bill is intended to encourage the
                  deployment of high speed Internet access facilities in rural
                  and underserved areas through tax credits. This bill would
                  offer a 10% tax credit per year for five years to companies
                  that deploy "current
                  generation broadband" telecom technologies to
                  both residents and businesses in rural or underserved urban
                  areas, and offer a 20% tax credit per year for five years to
                  companies that invest in "next
                  generation broadband" services to all
                  residential customers. See, Rep.
                  English's summary. The lead cosponsor is Rep. Robert
                  Matsui (D-CA). There are 48 original cosponsors. The bill has
                  been referred to the House Ways and Means
                  Committee.
                   
                  1/30. Rep. Asa
                  Hutchinson (R-AR) spoke in the House about his proposal to
                  create a federal privacy commission. He stated that
                  "the protection of the individual privacy remains one of
                  the most important issues that we could address. Several bills
                  have been introduced. They should be considered. I encourage
                  Congress to take up privacy legislation, but I believe it
                  should be done in a responsible manner that allows for the
                  appropriate flow of information without compromising the
                  privacy of individuals. I believe a privacy commission is the
                  right way to address this very important subject." | 
               
             
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                | House Commerce Committee | 
               
              
                |  1/31. The House
                  Commerce Committee postponed indefinitely its
                  organizational meeting for the 107th Congress. It had been
                  scheduled for Jan. 31. However, Chairman Billy
                  Tauzin (R-LA) did release a list of Republican
                  subcommittee assignments. The Telecom Subcommittee, which has
                  jurisdiction over many high tech issues, will include the
                  following: Fred Upton (R-MI) (Chairman), Cliff Stearns (R-FL)
                  (Vice Chairman), Michael Bilirakis (R-FL), Joe Barton (R-TX),
                  Paul Gillmor (R-OH), Chris Cox (R-CA), Nathan Deal (R-GA),
                  Steve Largent (R-OK), Barbara Cubin (R-WY), John Shimkus
                  (R-IL), Heather Wilson (R-NM), John Shadegg (R-AZ), Chip
                  Pickering (R-MS), Vito Fossella (R-NY), Roy Blunt (R-MO), Thomas
                  Davis (R-VA), Robert Ehrlich (R-MD), and Billy Tauzin
                  (R-LA) (Ex Officio). Rep. Davis, who represents a northern
                  Virginia district, is active on computer and Internet related
                  legislation. He is new to the full committee and this
                  subcommittee. Chairman Tauzin also announced that Rep. Richard Burr (R-NC)
                  will be Vice Chairman of the full committee. | 
               
             
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                | Exit Furchtgott-Roth | 
               
              
                | 1/31. FCC
                  Commissioner Harold Furchtgott-Roth will soon leave the FCC.
                  He announced that "I have decided not to seek
                  reappointment. Nonetheless, in order to facilitate a smooth
                  transition, I will continue to serve until a mutually
                  agreeable departure date is worked out with the
                  Administration." He did not announce what he would do
                  next, except that it would be in the private sector. See, statement.
                  Furchtgott-Roth has been a Commissioner for three years. Prior
                  to that he was chief economist for the House Commerce Committee,
                  then chaired by former Rep. Tom Bliley (R-VA). On many issues
                  he has been the FCC's most passionate (and sometimes only)
                  advocate of free markets, deregulation, regulatory rollback,
                  and FCC non-regulation of Internet activities. He has also
                  advocated that FCC adherence to the statutes that it enforces.
                  He has also been the FCC's sole opponent of the exercise of
                  antitrust merger review authority. Rep.
                  Billy Tauzin (R-LA), the new Chairman of the House Commerce Committee,
                  stated that "Harold Furchgott-Roth is going to be greatly
                  missed at the FCC." See also, NAB
                  reaction. | 
               
             
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                | Spectrum | 
               
              
                1/31. The FCC postponed,
                  yet again, the auction of licenses in the 747-762 and 777-792
                  MHz band. The auction had been set for March 6, 2001. This
                  postponement is until September 12, 2001. See, FCC
                  notice. This auction, which is required by statute to be
                  conducted by Sept. 30, 2000, would make available more
                  spectrum for use for broadband Internet access services. FCC
                  Commissioner Furchtgott-Roth wrote in a dissent
                  that "With each succeeding delay the credibility of our
                  spectrum and auction management policies becomes more
                  suspect."
                   
                  1/31. The NTIA
                  hosted a public meeting to discuss the results of tests
                  conducted by the NTIA's ITS to
                  develop methods for characterizing ultrawideband (UWB)
                  systems and to assess the compatibility between UWB devices
                  and selected federal radio communications or sensing systems.
                  UWB is a developing technology that may be used for wireless
                  networks, remote sensing or tracking, and ground penetrating
                  radars. UWB systems make use of narrow pulses and time-domain
                  signal processing. These systems, which have very wide
                  emission bandwidths, might affect the efficient use of the
                  radio spectrum or cause interference. Current regulations
                  would have to be amended to permit the use of unlicensed UWB
                  devices. Both federal agency and private sector spectrum is
                  affected; hence, both the NTIA and FCC are studying the issue.
                  The meeting was attended by about 65 representatives of the
                  NTIA, FCC, and other federal agencies, communications
                  companies, law firms, consulting firms, and tech publications.
                  See also, NTIA
                  Special Publication 01-43 [1.9 MB PDF file], titled
                  "Assessment of Compatibility Between Ultrawideband
                  Devices and Selected Federal Systems," and NTIA
                  Report 01-383, titled "The Temporal and Spectral
                  Characteristics of Ultrawideband Signals." | 
               
             
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                | Quote of the Day | 
               
              
                "... the privacy of Americans is under attack. With the
                  explosion of the Internet, changes in financial and medical
                  laws and an increasingly intrusive Federal Government,
                  people's personal information seems to be collected, sold, and
                  transferred without adequate protections." 
                   
                  Rep. Asa Hutchinson (R-AR), statement in House of
                  Representatives, Jan. 30. | 
               
             
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                | Internet Filtering | 
               
              
                | 1/31. The FCC issued a Notice of
                  Proposed Rulemaking (NPRM) regarding implementation of the
                  Children's Internet Protection Act
                  [PDF]. This statute provides that in order to be eligible to
                  receive FCC e-rate subsidies, schools and libraries
                  that have computers with Internet access must have in place
                  certain Internet safety policies, such as the use porn
                  filtering software. Comments are due on or before February
                  15, 2001. Reply comments are due on or before February 22.
                  2001. See, Federal Register, Jan. 31, 2001, Vol. 66, No.
                  21, at Pages 8374 - 8377. | 
               
             
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                | The Revolving Door | 
               
              
                | 1/31. Bertelsmann AG
                  hired Joel Klein to be its chief U.S. liaison officer.
                  Klein is the former Asst. Atty. Gen. for the Antitrust Division of the
                  U.S. Dept. of Justice who was the architect of the antitrust
                  suit against Microsoft which is now on appeal to the U.S.
                  Court of Appeals for the District of Columbia. Bertelsmann is
                  a German music and publishing company. The proposed merger of
                  Bertelsmann Music Group (BMG) and EMI still needs to win
                  approval from antitrust regulatory agencies. Bertelsmann has
                  also recently acquired an interest in Napster. David Boies, the
                  attorney hired by Klein to be trial counsel in the Microsoft
                  case, is now an attorney for Napster in a copyright
                  infringement case brought by music companies. | 
               
             
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                | Today | 
               
              
                | 12:30 PM. Jodie Bernstein, Director of the FTC's Bureau of
                  Consumer Protection, will deliver the luncheon address at the
                  Emerging Law of Cyberbanking and Electronic Commerce
                  Conference. Location: Omni Shoreham Hotel, 2500 Calvert
                  Street, NW, Washington DC. | 
              
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                | New Documents | 
               
              
                FCC: NPRM re Children's
                  Internet Protection Act, 1/31 (HTML, TLJ).
                   
                  FCC: notice
                  of postponement of auction, 1/31 (HTML, FCC).
                   
                  English:
                  summary
                  of Broadband Internet Access Act, 1/30 (HTML, TLJ). | 
               
             
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                | About Tech Law Journal | 
               
                Tech Law Journal is a free access web site
                  and e-mail alert that provides news, records, and analysis of
                  legislation, litigation, and regulation affecting the computer
                  and Internet industry. 
                   
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                  requests it. Just provide TLJ an e-mail address. 
                   
                  Number of subscribers (as of Jan. 31): 711. 
                   
                  Contact TLJ: 
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                  E-mail. 
                  P.O. Box 15186, Washington DC, 20003. 
                   
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                  Copyright 1998 - 2001 David Carney, dba Tech Law Journal. All
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