Tech Law Journal Daily E-Mail Alert
Feb. 6, 2001, 8:00 AM ET, Alert No. 117.
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Ex NTIA Head to Lobby
2/5. Greg Rohde, former head of the National Telecommunications and Information Administration (NTIA), will become the head of e-Copernicus, a new consulting firm targeting New Economy clients. He does not yet have a title, and the firm will not disclose its clients. Rohde ran the NTIA for just over one year at the end of the Clinton administration. He was active on spectrum management issues, particularly, identifying and re-allocating spectrum for use by Third Generation (3G) wireless technology. Prior to that he was telecom counsel to Sen. Byron Dorgan (D-ND), who is a member of the Senate Commerce Committee, and its Communications Subcommittee. Copernicus is a subsidiary of the Dutko Group Companies, a major Washington DC lobbying and public relations firm.
Antitrust
2/5. The U.S. Court of Appeals (5th Cir) issued its opinion in Statoil v. HeereMac, an oil industry case regarding the application of U.S. antitrust laws to foreign conduct. The court construed the Foreign Trade Antitrust Improvements Act (FTAIA). The court held that since the plaintiff's injury did not arise from domestic anticompetitive effect, the district court properly dismissed the plaintiff's antitrust claims.
Securities
1/29. The U.S. District Court (DDC) entered judgment by default against Fred Carter, the former President and CEO of American Telephone and Telecommunications Corporation (ATTC), in the civil action SEC v. Carter. The SEC filed its complaint on Oct. 27, 1999, alleging that  Carter violated the antifraud provisions of the federal securities laws,  17(a) of the Securities Act of 1933,  10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder. ATTC purportedly was established to provide Internet telephony services. Judgment was entered against Carter for $1,328,845.40. He was also enjoined from committing further securities fraud. See, SEC release.
New Documents
USCA: opinion in Karl Storz Endoscopy v. Fiber Tech Medical re trademark infringement, 2/5 (HTML, USCA).
USCA: opinion in Statoil v. HeereMac re antitrust, 2/5 (HTML, USCA).
Quote of the Day
"It is kind of bad when your security chief starts blasting other people's computers."

Daniel Cooper, Asst. U.S. Atty. (Alaska), who prosecuted Scott Dennis, the former network administrator of the U.S.D.C. (Alaska) for staging DoS attacks against the U.S.D.C. (EDNY).
More Tauzin Staff
2/5. Rep. Billy Tauzin (R-LA), Chairman of the House Commerce Committee, named several more committee and subcommittee staff members. Will Nordwind will be counsel to the Telecom Subcommittee, which has jurisdiction over many high tech related bills. He most recently served as legislative director and counsel to Rep. Fred Upton (R-MI). He has also worked as legislative director and counsel to Rep. Deborah Pryce (R-OH), and as an attorney at the Washington DC law and lobbying firm of O'Connor & Hannan.
2/5. Patrick Morrisey will be deputy staff director and policy coordinator for the House Commerce Committee. Morrisey has been one of the committee's health policy counsel, and has worked on medical records privacy legislation. Last year Morrisey unsuccessfully sought the Republican nomination for the New Jersey 7th District, which had been represented by former Rep. Bob Frank (R-NJ), who made an unsuccessful bid for the Senate. Morrisey has also worked for former Rep. Dan Frisa (R-NY), and for the NRCC.
2/5. Ramsen Betfarhad will be counsel to the House Subcommittee on Commerce, Trade and Consumer Protection. Betfarhad previously was counsel and economic advisor to former House Commerce Committee Chairman Tom Bliley (R-VA). He has also worked on telecom policy at the American Enterprise Institute, at the FTC's Bureau of Competition, and at the law firm of Pillsbury, Madison & Sutro.
Intellectual Property
2/5. The U.S. Court of Appeals (4th Cir.) issued its opinion in Karl Storz Endoscopy v. Fiber Tech Medical an action for trademark infringement and false designation of origin under 32(1)(a) and 43(a) of the Lanham Trade-Mark Act, 15 U.S.C. 1114(1)(a) and 1125(a).
1/31. The New York Police Department, assisted by members of the Recording Industry Association of America (RIAA) Anti-Piracy Unit, executed search warrants and made arrests in connection with a counterfeit music CD operation. Three individuals were arrested and charged with Trademark Counterfeiting in the 1st Degree and Failure to Disclose the Origin of a Sound Recording in the 1st Degree, both of which are felonies. On Jan. 26, the Dallas Police Department, assisted by members of the RIAA Anti-Piracy Unit, executed two search warrants resulting in the break up of two counterfeit music CD operations. See, RIAA release.
Crime
2/2. The FDA and USPS arrested Steven Tondre in Rancho Palos Verdes, California, for using the Internet to market and sell an unapproved potion that he claimed could cure AIDS, treat arthritis and prevent aging. Tondre operates a web site which promotes his drug, "EXP," and himself, the "Expeditor." Law enforcement tests found that EXP is water. The arrest was for introduction of a misbranded drug into interstate commerce and introduction of an unapproved drug into interstate commerce, both of which are violations of the United States Food, Drug and Cosmetic Act. The Expeditor will be arraigned in U.S. District Court (CDCal) on February 26. See, USAO release.
1/19. The U.S. District Court (Alaska) sentenced Scott Dennis, its former computer systems administrator, to six months incarceration and 240 hours of community service for launching three denial of service attacks against the servers of the U.S. District Court (EDNY). Dennis plead guilty to one misdemeanor count of violation of 18 U.S.C. 1030(a)(5)(c). "It is not the first time a U.S. District Court system has come under attack," Asst. U.S. Atty. Dan Cooper told Tech Law Journal; there was an attack against the Western District of Washington. Dennis no longer works for the U.S. District Court. See also, FBI release.
Trade News
2/5. WTO Director General Michael Moore gave a speech in Canberra Australia in which he once again advocated that "We urgently need a new round of trade negotiations."
2/6. The Senate is scheduled to debate the nomination of Robert Zoellick to be USTR at 2:15 on Tuesday, Feb. 6. The outcome of the vote is not in question. Zoellick's nomination enjoys broad bipartisan support. Senators will likely address current trade issues, including a new round of trade negotiations, bilateral agreements, fast track trade negotiating authority, Chinese accession to the WTO, and trade disputes with Europe.
2/5. The USITC released its annual report [110 pages in PDF] for FY 1999.
Today
9:10 AM. Susan DeSanti, Director of the FTC's Policy Planning Division, will speak at the Antitrust Litigation and E-Commerce Regional Meeting, sponsored by the ABA. Location: University Club, 1135 16th Street, NW, Washington DC.
9:30 AM. Jodie Bernstein, Director of the FTC's Bureau of Consumer Protection, will give opening remarks at the Alternative Dispute Resolution Workshop. Location: FTC, 600 Pennsylvania Avenue, NW, Room 432, Washington, DC.
10:30 AM. FCC Chairman Michael Powell will hold a press conference. Location: FCC Meeting Room, 12th Street Level, 445 12th Street SW, Washington DC, 20024.
11:20 AM. Molly Boast, Acting Director of the FTC's Bureau of Competition, will speak at the ABA's Antitrust Litigation and E-Commerce Regional Meeting. The title of her presentation is "Practical Considerations When Litigating Against the Government." Location: University Club, 1135 16th Street, NW, Washington DC.
12:15 PM. The FCBA's Common Carrier Committee will host a Brown Bag Luncheon. The speaker will be Kyle Dixon. Location: Wiley Rein & Fielding, 1750 K Street, 10th Floor.
12:30 PM. FTC Chairman Robert Pitofsky will be the luncheon speaker at the ABA's Antitrust Litigation and E-Commerce Regional Meeting. Location: University Club, 1135 16th Street, NW, Washington DC.
2:15 PM. The Senate is scheduled to begin debate on the nomination of Robert Zoellick to be USTR. The vote is scheduled for 4:15 PM.
4:00 PM. The U.S. District Court will hold a status hearing in EPIC v. DOJ. This is a FOIA suit regarding the production of documents pertaining to the FBI's e-mail surveillance system named Carnivore. See, Complaint. Location: Courtroom 16.
6:00 - 8:00 PM. The FCBA will host a seminar titled "Technology and the FCC: What Every Advocate Should Know." Topics to be covered include the AOL Time Warner antitrust merger review, secondary markets for spectrum rights, UWB technologies, and spectrum sharing policies. The scheduled speakers are Julius Knapp (Chief of the Policy and Rules Division of the Office of Engineering and Technology of the FCC), Geri Matise (Deputy Chief, Policy and Rules Division, OET), Bruce Franca (Acting Chief, OET). See, agenda. Location: Wiley Rein & Fielding, 1776 K Street, NW, Washington DC.
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