| Nominations and
Confirmations |
5/25. The Senate approved by unanimous consent several
nominations to the FCC (Michael
Powell, Michael Copps, Kevin Martin, and Kathleen
Abernathy) and the FTC (Timothy Muris).
See, Commerce
Committee release. This leaves both the FCC and FTC with
three Republicans and two Democrats. In addition, FCC
Commissioner Gloria Tristani, who is a Democrat from
New Mexico, will likely resign soon to run for the Senate
against Sen. Pete
Domenici (R-NM). By law, she must be replaced by a
Democrat.
5/25. The Senate confirmed several nominations to the Department of Commerce,
including Bruce Mehlman, Kathleen Cooper, and Mari
Cino.
5/26. The Senate confirmed the nominations of Peter
Allgeier and Linnet Deily to be Deputy U.S. Trade
Representatives.
5/25. Rep. Chris Cox
(R-CA) withdrew his name from consideration for nomination by
President Bush to be a Judge of the U.S. Court of Appeals for
the Ninth Circuit. The prospective nomination had been opposed
by Sen. Dianne
Feinstein (D-CA) and Sen.
Barbara Boxer (D-CA).
5/23. James Jochum was sworn in as Assistant Secretary
for Export Administration at the Department of Commerce. See, release. |
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| Bill Would Amend Rules
Affecting Internet Education |
| 5/24. Rep. Johnny
Isakson (R-GA), Rep.
John Boehner (R-OH), Rep. Buck McKeon
(R-CA), Rep. Michael
Castle (R-DE), and Rep. Bob Goodlatte
(R-VA) introduced HR 1992, the Internet Equity and Education
Act of 2001. The bill would amend the Higher Education Act of
1965 (HEA) to expand the opportunities for higher education
via the Internet. Currently, the HEA limits the amount of aid
a student enrolled in distance education courses delivered via
telecommunications may receive if the institution offers half
or more of its courses by correspondence or
telecommunications. HR 1992 would remove this limitation for
postsecondary institutions that are already participating in
the federal student loan programs with student loan default
rates under 10%. The bill would also repeal of a 12-hour rule
with respect to non-standard term programs. This rule governs
the amount of "seat-time" students must spend in
class per week. Finally, the bill addresses incentive
compensation. The bill was referred to the House Committee on
Education and the Workforce. See also, Isakson statement
in Congressional Record, Isakson release,
and McKeon statement
in Congressional Record. |
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| Bill Would Provide Gov
Loans for Rural Broadband Deployment |
5/25. Sen. Byron Dorgan
(D-ND), Sen. Tom Daschle
(D-SD), Sen. Tim Johnson
(D-SD), Sen. Patty Murray
(D-WA), and Sen. Paul
Wellstone (D-MN) introduced S 966, the Rural Broadband
Enhancement Act, a bill to amend the National
Telecommunications and Information Administration Organization
Act to encourage deployment of broadband service to rural
America. It was referred to the Senate Commerce
Committee, of which Sen. Dorgan is a member. Sen. Dorgan
stated that "To remedy the gap between urban and rural
America, this legislation gives new authority to the Rural Utilities Service in
consultation with NTIA
to make low interest loans to companies that are deploying
broadband technology to rural America." He added that
"When we were faced with electrifying all of the country,
we enacted the Rural Electrification Act. When telephone
service was only being provided to well-populated communities,
we expanded the Rural Electrification Act and created the
Rural Utilities Service to oversee rural telephone deployment.
The equitable deployment of broadband services is only the
next step in keeping America connected, and our legislation
would ensure that."
5/25. Rep. Bart Stupak
(D-MI) and Rep. Earl
Pomeroy (D-ND) introduced HR 2038, the House version of
the Rural Broadband Enhancement Act. It was referred to the House Commerce Committee,
of which Rep. Stupak is a member, and to the House Agriculture
Committee. |
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| Another Depreciation Bill
Introduced |
| 5/22. Rep. Phil Crane
(R-IL) and 28 others introduced HR
1934, the Printed Circuit Investment Act of 2001, a bill
to reduce to 3 years the depreciation period for "any
printed wiring board or printed wiring assembly
equipment." The bill was referred to the House Ways and Means
Committee, of which Rep. Crane is a senior member. |
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| Privacy: EPIC Alleges
Jeeves' Purchase of eTour Data Violates Law |
| 5/25. The Electronic Privacy
Information Center (EPIC) sent a letter
to the FTC and the National Association
of Attorneys General (NAAG) alleging that Ask Jeeves' purchase of eTour's personal information
of Internet users violates federal and state laws. EPIC asked
the FTC and states "to block the sale of personal
information from eTour, Inc. to Ask Jeeves, Inc. as an unfair
and deceptive trade practice." EPIC also wrote that
"the exchange of personal data between eTour, Inc. and
Ask Jeeves, Inc. is part of a growing problem" and
recommended "proactive solutions to prevent such
scenarios from occurring in the future." EPIC elaborated
that the "assets purchased by Ask Jeeves, Inc. from eTour,
Inc. include the registration information from an estimated
4.5 million users and a list of 2.2 million e-mail newsletter
subscribers." |
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| Weller and Matsui Introduce
Global E-Commerce Resolution |
5/24. Rep. Jerry
Weller (R-IL) and Rep.
Bob Matsui (D-CA) introduced HRes
151, a resolution expressing the sense of the House of
Representatives on the importance of promoting fair,
efficient, and simple cross-border tax collection regimes that
maintain market neutrality and promote free trade on all sales
distribution channels within a globally networked economy. It
was was referred to the House Ways and Means
Committee, of which both Weller and Matsui are members.
The resolution would express the sense of the House that the
"Secretary of the Treasury should proactively seek to
identify and resolve tax policy issues that will globally
impact cross-border trade through the Internet". It also
would provide that "the United States should work in good
faith with our trading partners to ensure that any tax
collection regimes that attempt to impose tax collection
obligations on sellers outside the borders of the taxing
jurisdiction promote the continued growth of electronic
commerce by (A) imposing no greater administrative burdens or
compliance obligations on Internet sellers than on any other
seller; (B) providing simple and clear rules that allow the
seller to identify, with certainty, the amount of the tax that
must be collected, and that limit a seller's liability in
situations where the seller has made commercially reasonable
efforts to determine the correct tax; (C) allowing sellers to
rely on customer-provided information available during the
course of a transaction to determine the appropriate taxing
jurisdiction; (D) taxing Internet sales the same as similar
products sold through traditional, physical distribution
channels, including applying the same tax rates to online
sales and extending exemptions and thresholds to online sales;
and (E) incorporating rules that require sellers and
governments to respect the privacy interests of
consumers." |
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| Wilmer Cutler Hires Former
FCC Brass |
5/22. Kathryn Brown joined the Washington DC office
of the law firm of Wilmer
Cutler & Pickering as a partner in the firm's
Communications and Electronic Commerce group. She is a former
Chief of Staff and Chief of the Common Carrier Bureau at
the FCC. See, WCP
release.
In March, Jonathan Neuchterlein joined the Washington
DC office of Wilmer Cutler & Pickering as a partner in the
firm's Communications and Electronic Commerce group. He is a
former Deputy General Counsel of the FCC and Assistant to the
U.S. Solicitor General. See, WCP
release.
5/25. Catherine Ronis joined the Washington DC office
of the law firm of Wilmer
Cutler & Pickering as a partner in the firm's
Communications and Electronic Commerce group. Ronis was
previously a partner at Skadden Arps.
Her practices focuses on litigation involving the
interconnection provisions of the Telecom Act of 1996. See, WCP
release. |
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| Perkins Coie Names New
Partners and Of Counsel |
5/22. The Seattle based law firm of Perkins Coie announced
the promotion of 17 partners and 2 of counsel. See, release.
San Francisco office: Nicole
Wong, who was promoted to partner in the firm's Bay
Area Content Group, focuses on Internet, intellectual property
and media law. Rachel
Silvers, who was promoted to of counsel, also focuses
on Internet, intellectual property and media law.
Seattle office: Steven
Lawrenz, who was promoted to partner in the firm's
Patent Group, focuses on computer software patent matters. Paul Parker,
who was promoted to partner in the firm's Patent Group,
focuses on patents for semiconductor fabrication, mechanical
devices and processes, trademark prosecution and litigation,
patent licensing, technology transfer and intellectual
property. Brent Snyder,
who was promoted to partner in the firm's Litigation
Department, focuses on intellectual property and antitrust
litigation and First Amendment issues. Robert
Woolston, who was promoted to partner in the firm's
Patent Group, focuses on domestic and international mechanical
engineering patent prosecution, trademark prosecution, domain
name transactions and intellectual property counseling.
Bellevue office: Michael
Martin, who was promoted to partner in the firm's
Technology Business Group, focuses on computer, multimedia and
Internet law, including technology licensing, mergers and
acquisitions, intellectual property, and emerging companies
and private placements. |
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| Arnold & Porter |
| 5/16. Michael Songer and Robert Worrall joined
the law firm of Arnold
& Porter as partner and of counsel, respectively.
Songer focuses on electrical and mechanical patent
litigations. He also handles trademark, copyright and Internet
disputes, including cybersquatter and other domain name
infringements, website disputes, jurisdiction and evidence
issues, and free speech cases. Songer is also an Adjunct
Professor at Georgetown
University Law Center, where he teaches the Law
of Cyberspace. He was previously a partner at Brobeck Phleger & Harrison.
Worrall is a patent litigator. See, release. |
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| Bush Tax Package Passes |
| 5/26. The House adopted the Conference Report on HR 1836,
the Economic Growth and Tax Relief Reconciliation Act, by a
vote of 240 to 154, on May 25. See, Roll
Call No. 149. This is President Bush's tax relief package.
The Senate approved the bill on Saturday, May 26, by a vote of
58 to 33. |
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| Today |
The House and Senate are in recess this week for the
Memorial Day District Work Period.
10:30 - 12:00 AM. The FCC's Office
of Engineering and Technology is sponsoring a tutorial by
Paul Steffes, Professor in the School of Electrical and
Computer Engineering at the Georgia Institute of Technology.
He will address scientific uses of spectrum, including
the Radio Astronomy Service, the Earth Exploration Satellite
Service, and the Space Research Service. See, release.
Location: FCC, Commission Meeting Room (TWC-305), 445 12th
Street, SW, Washington DC.
12:00 NOON. Outgoing FTC Chairman Robert
Pitofsky will speak to the Summer Associate Program of Arnold & Porter.
Location: Arnold & Porter, 555 12th Street, NW, Washington
DC.
1:30 - 3:30 PM. The FCC's Office
of Engineering and Technology is sponsoring a tutorial by
Vincent Poor, Professor of Electrical Engineering at Princeton
University. The purpose of the presentation is to increase
understanding of statistical signal processing, primarily as
applied to problems in wireless multiple access
communications. Research in this area has resulted in the
development of novel signal reception techniques for emerging
wireless communication systems, such as the wideband code
division multiple access (W-CDMA) systems currently being
developed for voice and data (multimedia) applications. See, release.
Location: FCC, Commission Meeting Room (TWC-305), 445 12th
Street, SW, Washington DC. |
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| Wednesday, May 30 |
5:30 - 7:30 PM. The Federal
Communications Bar Association's Common Carrier Practice
Committee will host a CLE Seminar titled Telecommunications
201. The scheduled speakers are Cheryl Tritt (Morrison & Foerster),
Charles Kennedy (Morrison & Foerster), Jane Jackson (Chief
of the FCC's Competitive
Pricing Division), John Nakahata (Harris Wiltshire &
Grannis), Kathy Levitz (BellSouth), and
Jeffrey Linder (Wiley Rein &
Fielding). The price to attend is $60 (members) or $80
(non-members). RSVP to Arlice Johnson at arlice@fcba.org. Location:
Wiley Rein & Fielding, 10th Floor Conference Room, 1750 K
Street, NW, Washington DC.
Deadline to file reply comments with the FCC in
response to its Notice
of Proposed Rulemaking (NPRM) regarding revisions to the
method of subsidizing schools and libraries under its e-rate
program when there is insufficient funding to support all
requests. See, Federal Register, May 8, 2001, Vol. 66, No. 89,
at Pages 23204 - 23208. |
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| Representatives Criticize
IRS Misuse of Internet |
| 5/24. Rep. John
Duncan (R-TN) stated on the House floor that "IRS
employees used about half their on-line time at work to visit
sex sites, gamble, trade stocks and visit chat rooms"; he
cited stories by the Washington Times and Scripps Howard News
Service. He concluded that "Federal employees who use
work computers to visit sex sites, gamble, trade stocks and
visit chat rooms are underworked, overpaid and should be
fired." Rep.
James Traficant (D-OH) had this to say in the House on May
25: "IRS agents illegally used their computers for
shopping, stock trading, gambling and pormography.
Unbelievable. Think about it. While 60 percent of taxpayer
calls to the IRS go unanswered, the IRS agents were watching
Marilyn Chambers do the Rotary International. Beam me up
..." |
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| PRC Trade |
| 5/24. Rep. James
Traficant (D-OH), who regularly gives flamboyant one
minute speeches in the House, stated that "China
illegally bought U.S. microchips to build new missiles and to
aim them at the United States of America. Mr. Speaker, beam me
up. The American taxpayers are funding World War III, so help
me God. I yield back the fact that the nature of a dragon is
not to negotiate with its prey. The nature of a dragon is to
kill its prey." |
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