Tech Law Journal Daily E-Mail Alert
March 27, 2001, 8:00 AM ET, Alert No. 152.
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3/26. The FCC issued a request for comments [PDF] on five reports that it has received regarding the potential for ultra-wideband (UWB) transmission systems to cause harmful interference to other radio operations. UWB devices, which use very narrow pulses with very wide bandwidths, have potential applications in both radar and communications technologies. It has been suggested that UWB devices can use large portions of already allocated spectrum with minimal or no interference to incumbent users. Both the FCC and NTIA are studying the issue of interference. The five reports are NTIA comment [PDF/NTIA] on effect of UWB on GPS, March 9; Qualcomm comment [PDF/ECFS] on effect of UWB on PCS phones, March 5; Time Domain comment on effect of UWB on GPS receivers, March 9; Dept. of Transportation comment on effect of UWB on GPS, March 21; and DOT comment on effect of UWB on GPS. These documents are sometimes, but not always, available on the FCC's Electronic Comment Filing System (ECFS) at (See, ET Docket 98-153.) Comments are due by April 25, 2001. Reply comments are due by May 10, 2001.
3/27. The NIST published a notice in the Federal Register that it will hold a public workshop on modes of operation for securing data using symmetric key block cipher algorithms, such as the algorithm specified in the draft Advanced Encryption Standard (AES). Interested parties may suggest ideas or submit papers for discussion at the workshop, including proposals of modes of operation. The workshop will be held at the NIST on August 24, 2001, from 9:00 AM to 5:00 PM. [Federal Register, March 27, 2001, Vol. 66, No. 59, at Pages 16658 - 16659.]
9th Circuit
3/22. Rep. Michael Simpson (R-ID) introduced HR 1203, the Ninth Circuit Court of Appeals Reorganization Act of 2001. This bill would split the U.S. Court of Appeals, Ninth Circuit, into two circuits. It would create a new 12th Circuit comprised of the states of Washington, Oregon, Alaska, Idaho, Montana, and Hawaii. The 9th Circuit would be left with the states of California, Arizona, and Nevada. This is the companion bill to S 346, which was introduced by Sen. Frank Murkowski (R-AK) on February 15, 2001.
New Documents
FCC: request for comments re ultrawideband, 3/26 (PDF, FCC).
Simpson: HR 1203, a bill to split the 9th Circuit in two, 3/22 (HTML, LibCong).
Honda: HR 1149, National Education Technology Corps Act, 3/21 (HTML, LibCong).
Smith: S 589, To make permanent the moratorium on the imposition of taxes on the Internet, 3/21
Napster to Educate Congress
3/26. Napster published a notice in its web site urging supporters of online music file copying to converge on Washington DC on April 2 and 3 to "educate Congress." The Senate Judiciary Committee, led by Sen. Orrin Hatch (R-UT) and Sen. Pat Leahy (D-VT), has scheduled a hearing on online entertainment and copyright law for 10:00 AM on April 3. Napster will hold a "teach in" on music file copying at the Catholic University law school at 7:00 PM on April 2. See, teach in notice. Napster wants its supporters to meet at Union Station at 9:00 AM on April 3, and then march to the Capitol Hill hearing room several blocks away. Napster will hand out free t-shirts and concert tickets to people who come to the hearing.
Court Watch
3/26. The Supreme Court of the U.S. denied certiorari in Michael Fine v. America Online, No. 00-1178. See, Order List [PDF] at page 3.
3/26. The U.S. Court of Appeals (8thCir) issued its opinion [PDF] in Ritchey v. Horner, a case concerning application of the statute of limitations in 10b securities fraud litigation.
3/23. U.S. District Court (SDFl) entered final judgments imposing permanent injunctive and other relief against all defendants in the civil action SEC v. Gateway Technologies, Cheyenne Holding Corp., Randolph Ross and Timothy Kavanaghin. The defendants violated  17(a) of the Securities Act of 1933 and  10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, by offering and selling investments in Gateway -- a company purportedly building an internet telephone system -- by way of false, misleading and incomplete information. Also, defendants Cheyenne, Ross and Kavanagh violated  15(a) of the Exchange Act by acting as unregistered brokers. See, SEC release.
3/21. The U.S. Attorney (SDNY) unsealed a five count complaint charging Fausto Estrada with theft of trade secrets under the Economic Espionage Act, mail fraud and interstate transportation of stolen property. Estrada, who was also arrested, is charged with stealing confidential documents from the credit card company MasterCard and offering to sell them to Visa. The FBI's Computer Intrusion and Intellectual Property Squad caught Estrada in a sting operation. AUSA Marc Weinstein is in charge of the prosecution. See, DOJ release.
3/20. Michael Ventimiglia entered a guilty plea to a one count felony information in U.S. District Court (MDFl) charging him with intentionally damaging a protected computer in violation of 18 U.S.C. 1030(a)(5)(A). Ventimiglia entered the GTE Network Service Support Center in Tampa, Florida, where he worked, and entered commands into three computers which caused the computers to delete information stored on hard disk drives. The damage to GTE was at least $209,000. See, DOJ release.
3/16. Jing Ping Xie and his wife, Shenglan Liu, entered guilty pleas in U.S. District Court (DMd) to criminal copyright infringement for selling CDs containing copyrighted software. Xie and Liu obtained copies of software products and copying equipments. They then made copies of software produced by Adobe, Microsoft, Symantec, and other companies. Finally, they arranged sales of this counterfeit software via web sites and e-mail. The case was prosecuted by AUSA Stuart Berman and Michael O'Leary of the CCIPS. See, DOJ release.
3/26. President Bush announced his intent to nominate Jon Huntsman to be Deputy United States Trade Representative. He is currently the Vice Chairman of the Huntsman Corporation in Salt Lake City, Utah. He was as Ambassador to Singapore from 1992 to 1993. He was in the Commerce Department from 1989 to 1992, as Deputy Assistant Secretary for East Asian and Pacific Affairs and Deputy Assistant Secretary in the International Trade Administration. See, release.
3/26. President Bush announced his intent to nominate former Sen. Howard Baker (R-TN) to be Ambassador to Japan. See, release. Baker represented Tennessee in the Senate for three terms, and was Senate Majority Leader from 1981 to 1985.
House: the House of Representatives will meet at 12:30 PM for morning hour and 2:00 PM for legislative business. The House will consider the Omnibus Committee Funding Resolution, and begin debate on the Budget Resolution for FY 2000.
Senate: the Senate will continue debate on S 27, Sen. John McCain's (R-AZ) bill pertaining to campaigns.
8:30 AM. Sen. Blanche Lincoln (D-AR) will speak at the National Telephone Cooperative Association's Annual Legislative Conference. (The NTCA is meeting from March 26 through 30.) Location: Room Regency A, Hyatt Regency Washington, 400 New Jersey Avenue, NW, Washington DC.
CLOSED. 2:30 PM. The Senate Armed Services Committee's Emerging Threats and Capabilities Subcommittee will hold a closed briefing on information warfare and other threats to critical information systems. Location: Room S-407, Capitol Building.
6:30 - 7:30 PM. There will be a panel discussion titled The State of E-Government at the National Press Club. The price is $10.00. Location: NPC, Ballroom, 529 14th St. NW, 13th Floor, Washington DC.
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