| Privacy Hearing |
4/3. The House
Commerce Committee's Subcommittee on Commerce, Trade and
Consumer Protection held a hearing titled An Examination of
Existing Federal Statutes Addressing Information Privacy. Rep. Cliff Stearns
(R-FL) presided. This is the third online privacy hearing held
by this subcommittee this year. The first two focused on the
EU privacy directive, and legal perspectives on proposals for
federal regulation of online privacy. This hearing addressed
existing laws relating to privacy. It also served to emphasize
the point that there are already many statutes on the books
regulating privacy.
Rep. Billy Tauzin
(R-LA), the Chairman of the full committee, cautioned against
the "real and potential unintended consequences in
current statutes" in his prepared
statement. He elaborated that "while everyone agrees
with protecting the privacy of children as they navigate the
Internet, experience suggests that the existing statute, the
Child Online Privacy Protection Act (COPPA), has forced
companies to discontinue a number of products targeted towards
children." Rep.
John Dingell (D-MI), the Ranking Member of the full
committee, criticized the "unbalanced, unfair, or
arbitrary witness selection".
The subcommittee heard from nine witnesses in two panels.
(Hyperlinks are to the witnesses prepared testimony.)
• Michael
Lamb (Chief Privacy Officer, AT&T ) testified
regarding the Customer Propriety Network Information
provisions of the Communications Act, the Cable Communications
Policy Act, the Telephone Consumer Protection Act, and the
Electronic Communications Privacy Act.
• Anne
Fortney (Managing Partner, Lovells) testified regarding
the Fair Credit Reporting Act (FCRA), and argued that it
should not serve as a paradigm for online privacy legislation.
• Rick
Fischer (Morrison and Foerster) testified regarding the
Gramm Leach Bliley Act (GLBA) privacy provisions.
• Ronald
Plesser (Piper Marbury) explained and criticized the
Children's Online Privacy Protection Act.
• Richard
Varn (Chief Information Officer, Iowa) testified regarding
state perspectives on privacy.
• Ed
Mierzwinski (USPIRG) testified regarding GLBA and the FCRA.
• Richard
Smith (CTO, The Privacy Foundation) explained TiVo's
technology and it effects viewers' privacy; he also cautioned
that TiVo is just "the tip of the iceberg" --
forthcoming web enabled devices have the potential to impact
users' privacy.
• Frank
Torres (Consumers Union).
• Jonathon
Zuck (Association for Competitive Technology). |
|
|
| SEC 10b Action |
| 3/29. The SEC filed a civil
complaint in U.S.
District Court (DDC) against Sean St. Heart alleging
violation of § 10(b) of the Securities Exchange Act of
1934 and Rule 10b-5 thereunder for engaging in a cyber smear
by posting a false message about NCO Group, Inc. on the Yahoo!
Finance Internet message board. St. Heart's fraudulent message
caused NCO's market capitalization to drop by over $200
Million. Also on March 29, St. Heart consented to entry of
judgment against him. See, SEC
release. |
|
|
| E-SIGN |
| 4/3. The NTIA
and FTC held a public
workshop on the benefits and burdens of requiring consumer
consent to receive information electronically. These
agencies are required by the E-SIGN
Act, passed last year, to conduct a study. |
|
|
| More News |
4/3. AMD filed a complaint
in state court in New York against Alcatel Business Systems
alleging breach of a contract in connection with the sale of
flash memory products to Alcatel. See, AMD release.
4/3.The House
Government Reform Committee's Technology and Procurement
Subcommittee held a hearing titled "Enterprise-Wide
Strategies for Managing Information Resources and Technology:
Learning From State and Local Governments". See, prepared
testimony [PDF] of David McClure, GAO Director of
Information Technology Issues.
4/2. Sen. Charles Schumer (D-NY) introduced S 671, a bill to
provide for public library construction and technology
enhancement. It was referred to the Senate Committee on
Health, Education, Labor, and Pensions.
3/30. The GAO
released a report
[PDF] titled "Information Security: Progress and
Challenges to an Effective Defense-wide Information Assurance
Program."
4/2. The GAO
released a report
[PDF] titled "Information Management: Electronic
Dissemination of Government Publications."
4/3. The NTIA
published a notice
in the Federal Register requesting comments regarding
"the advantages accorded signatories of the INTELSAT,
in terms of immunities, market access, or otherwise, in the
countries or regions served by INTELSAT, the reason for such
advantages, and an assessment of progress toward fulfilling a
pro-competitive privatization of that organization."
Comments are due by May 3, 2001. See, Federal Register, April
3, 2001, Vol. 66, No. 64, Notices, at Pages 17686 - 17687. See
also, copy
of notice in NTIA web site. |
|
|
| New Documents |
Berman: HR
1333, the Business Method Patent Improvement Act of 2001,
4/3 (HTML, TLJ).
Berman:
H.Res
110, re ending diversion of USPTO fees, 4/3 (HTML, TLJ).
Tauzin:
paper
re FCC reform, 4/3 (PDF, PFF). |
|
|
|
| Business Method Patents
Bill Introduced |
4/3. Rep. Howard
Berman (D-CA) and Rep.
Rick Boucher (D-VA) introduced HR
1333, the Business Method Patent Improvement Act of 2001.
This bill is a revision of a similar bill (HR
5364) introduced by Reps. Berman and Boucher last October
at the end of the 106th Congress. The new bill, HR 1333,
requires the USPTO to
publish all business method patent applications after 18
months. It creates opportunities for the public to present
prior art or public use information before a business method
patent issues. It also establishes a process where parties can
challenge a granted business method patent in an expeditious,
less costly alternative to litigation. "We must make sure
that business method patents now issued are of the highest
quality," Rep. Berman said in a releae. "Since
questions have arisen about whether this is the case, Congress
must take a close look at how the U.S. patent system is
functioning in this new, and rapidly growing area of
patenting."
4/3. The House
Judiciary Committee's Courts, Internet and Intellectual
Property Subcommittee will hold a hearing on April 4. Rep.
Berman is the Ranking Member of this subcommittee, and Rep.
Boucher is one of its senior members. The Senate Judiciary
Committee will take up the issue after the two week Easter
recess. It is scheduled to hold a hearing on business method
patents on May 1, and a hearing on genetic and biotech patents
on May 8.
4/3. Reps. Berman and Boucher also introduced HR 1332, the
Patent Improvement Act of 2001. It would establish a process
by which a party could challenge any granted patent in an
expeditious, less costly alternative to litigation. |
|
|
| Diversion of USPTO Fees |
| 4/3. Reps. Berman and Boucher also introduced H.Res
110, a resolution to bar the House from permitting the
diversion of USPTO user fees to fund other government
programs. It provides that "it shall not be in order in
the House of Representatives to consider any bill, joint
resolution, amendment, motion, or conference report that makes
available funds to the United States Patent and Trademark
Office for any fiscal year, or for any other period for which
the funds are provided, in amounts less than the total amount
of patent and trademark fees collected by the United States
Patent and Trademark Office ..." |
|
|
|
|
|
| Napster News |
4/3. The Senate
Judiciary Committee held a hearing on online
entertainment and copyright law. See, opening statements
of Sen.
Orrin Hatch and Sen.
Pat Leahy, the Chairman and Ranking Member of the
Committee. See also, prepared testimony of witnesses: Richard
Parsons (AOL TimeWarner), Jack
Valenti (MPAA), Don
Henley, Alanis
Morissette, Hank
Barry (Napster), Steve
Gottlieb (TVT Records), Ken
Berry (EMI), Gerry
Kearby, Liquid Audio), Hilary
Rosen (RIAA), Robin
Richards (MP3.com), Ed
Murphy (NMPA), Mike
Farrace (Tower Records), Sally
Greenberg (Consumers Union), and Edmund
Fish (InterTrust Technologies).
4/3. The U.S. Court of
Appeals (9thCir) issued an order
revising its slip opinion of February 12 in A&M Records
v. Napster. There are only three minor changes to
citations. |
|
|
| 3G Spectrum |
| 4/3. The Network for
Instructional TV (NITV), which holds 23 ITFS
licenses issued by the FCC, filed a comment
[PDF] with the FCC opposing Verizon's petition
to the FCC [PDF] of March 27 to defer action on ITFS and MDS
applications. NITV stated that "Verizon's shrill,
eleventh-hour claim that the ITFS/MDS spectrum must be frozen
in time pending the outcome of the 3G proceeding shamelessly
ignores longstanding FCC rules and policies and the need of
American students and teachers for prompt access to broadband
educational services." Third Generation (3G)
wireless technologies are intended to extend broadband
Internet access to portable devices. The FCC is
examining whether spectrum in the 2500-2690 MHz band might be
reallocated, shared or segmented, for use by 3G technologies.
MDS and ITFS operators are incumbent users of spectrum in this
band, and don't want to give it up their licenses. See, FCC's
ET Docket No. 00-258. |
|
|
| Trade |
4/3. The GAO
released a report
[PDF] titled "Free Trade Area of the Americas:
Negotiations at Key Juncture on Eve of April Meetings."
The report precedes the meeting of the trade ministers of 34
countries in negotiations in Buenos Aires, Argentina, on April
7, and the Summit of the Americas in Quebec City, Canada, on
April 20-22. The report concludes that "Significant
challenges will need to be overcome to successfully conclude
an agreement."
4/3. The Department of Commerce's Bureau of Export Administration
published a notice
in the Federal Register that its Information Systems
Technical Advisory Committee (ISTAC) will meet on April 18
& 19, 2001 at 9:00 AM in the Herbert C. Hoover Building,
Room 3884, 14th Street between Pennsylvania Avenue and
Constitution Avenue, NW., Washington, DC. The ISTAC advises
the Office of the Assistant Secretary for Export
Administration on technical questions that affect the level of
export controls applicable to information systems equipment
and technology. See, Federal Register, April 3, 2001, Vol. 66,
No. 64, Page 17683. |
|
|
|
| Tauzin Advocates FCC Reform |
4/3. Rep. Billy
Tauzin (R-LA), Chairman of the House Commerce Committee,
published a paper
[PDF] titled "Telecom Deregulation, Broadband Deployment,
and Economic Growth." The paper was published by the Progress and Freedom Foundation.
He said that the FCC should regulate all broadband services
the same. "It is not enough to say that the FCC is
structured badly. That is obvious. You have only to look at
its bureaus to see that these distinct bureaus were built
around an age when communications facilities and services were
monopolies, providing distinct functional services in distinct
geographical areas. That structure doesn’t fit today's
marketplace ... Why should we have different regulation for
broadband delivery on a satellite, as opposed to a cable, as
opposed to a telephone DSL line, as opposed to a wireless
delivery terrestrial system, if it's all the same product that
is delivered to the consumer?"
Rep. Tauzin next advocated reform of the FCC's merger
review process. He stated that it "has used the
process for considering applications for license renewals and
license transfers associated with mergers to implement a form
of personalized, subjective regulation, which borders upon
unconstitutionality."
He also addressed the FCC's e-rate subsidy program. He
stated that "When the FCC gave us the E-Rate, a massive
tax upon telephone consumers to carry out a building program
in the education and hospital and library areas of our
country, there was a blurring of all kinds of lines that our
founding fathers attempted to draw in our basic structure of
government. Here, the FCC is passing taxes; directing
corporations to spend money without Congressional oversight
and review, or appropriation; and, in fact, executively
deciding who gets and who doesn’t get the benefit of these
dollars in a way that I believe offends the basic structure of
our government." He added that "That sort of
activity by the FCC has to stop" and proposed a
"blue ribbon commission to work with GAO and provide
recommendations".
Tauzin also noted that IT and energy policy are
intertwined. "The dot-com and IT sectors of our economy
are actually energy guzzlers. ... If we're going to rebuild
the IT sector with competent and courageous deregulation, we
are going to have to complement it with access to affordable
energy. Hence, we need a prompt rewrite of national energy
policy." |
|
|
| People |
| 4/3. President Bush announced his intent to nominate Bruce
Mehlman to be Assistant Secretary of Commerce for
Technology Policy. Mehlman is currently
Telecommunications Policy Counsel for Cisco. Previously, he
was General Counsel and Policy Director for the House
Republican Conference and General Counsel for the National
Republican Congressional Committee. See, release. |
|
|
| Today |
The House will debate HR
8, the Death Tax Elimination Act, sponsored by Rep. Jennifer Dunn (R-WA).
The Senate will continue its debate of President Bush's budget
proposal.
10:00 AM. The Senate
Finance Committee will hold a hearing titled International
Trade and the American Economy. The witnesses will be Alan
Greenspan and Mickey Kantor. Location: Room 215,
Dirksen Building.
10:00 AM. The House
Commerce Committee's Telecom Subcommittee will hold a
hearing titled the E-Rate and Filtering: A Review of the
Children's Internet Protection Act. Location: Room 2322,
Rayburn Building.
10:00 AM. The Senate
Finance Committee will hold a hearing on international
trade and the American economy. Location: Room 215,
Dirksen Building.
10:00 AM. The Senate
Judiciary Committee's Antitrust, Business Rights, and
Competition Subcommittee will hold a hearing to examine
competitive choices concerning cable and video. Sen. Mike
DeWine (R-OH) will preside. Room 226, Dirksen Building.
1:30 PM. FCC Commissioner Harold Furchtgott-Roth will
address the Second Telecommunications Policy and Law
Symposium. Location: Capital Hilton, Washington DC.
2:00 PM. The Senate
Judiciary Committee's Immigration Subcommittee will hold a
hearing on immigration policy. Sen. Sam Brownback
(R-KS) will preside. Room 226, Dirksen Building.
2:00 PM. The House
Judiciary Committee's Subcommittee on Courts, Internet,
and Intellectual Property will hold a hearing on business
method patents. Location: Room 2141, Rayburn Building. |
|
|
| 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. This e-mail service is offered free of
charge to anyone who requests it. Just provide TLJ an e-mail
address.
Number of subscribers: 1,265.
Contact: 202-364-8882; E-mail.
P.O. Box 15186, Washington DC, 20003.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998 - 2001 David Carney, dba Tech Law Journal. All
rights reserved. |
|
|