Tech Law Journal Daily E-Mail Alert
August 27, 2001, 9:00 AM ET, Alert No. 257.
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Judge Kotelly Assigned to Microsoft Case
8/24. U.S. District Court Judge Colleen Kotelly was randomly selected by court computer to preside in the Microsoft antitrust cases. She was appointed to the bench by former President Clinton. Her primary experience is in criminal law. She replaces Judge Thomas Jackson, who was removed for improper conduct. See, U.S.D.C. notice of assignment and bio of Judge Kotelly.
DC Circuit Returns Microsoft Case to District Court
8/24. The U.S. Court of Appeals (DCCir) issued its mandate in the Microsoft antitrust cases. It issued a certified copy of the court's judgment, which is sent to the U.S. District Court (DCC) in order to return jurisdiction to that court.
FBI Invokes Classified Information Procedures Act in Computer Intrusion Case
8/23. The U.S. Attorney's Office (DNJ) filed a motion [PDF] in the U.S. District Court (D-NJ) in the case USA v. Nicodemo Scarfo that invokes the Classified Information Procedures Act, Title 18, U.S.C, Appendix III, to avoid producing information about the FBI's "Key Logger System" to a Scarfo, a criminal defendant. The System was surreptitiously installed on Scarfo's personal computer to record the keystroke entry of his encryption passphrase.
Scarfo seeks discovery regarding the FBI's "Key Logger System" to support his motion to suppress evidence gathered as a result of use of the system. Rather than comply with the discovery request, the prosecution requests "to file under seal with the Court and subsequently serve on defense counsel (subject to an appropriate protective order) an additional unclassified summary statement ... [and] to provide the Court with an in camera, ex parte submission ..."
Nicodemo Scarfo is an encryption savvy mobster involved in illegal gambling and loan sharking operations. The FBI obtained court authority to surreptitiously install on Scarfo's computer "recovery methods" that could capture password and encryption key information. The Court order stated: "IT IS ORDERED ... that Special Agents of the F.B.I. ... deploy recovery methods which will capture the necessary key related information and encrypted file(s) ... that Special Agents of the F.B.I. ... be authorized to enter the TARGET LOCATION surreptitiously, covertly, and by breaking and entering, if necessary, in order to deploy recovery methods which will capture the necessary key related information and encrypted file(s) whether they are stored on Nicodemo S. Scarfo's computer hard drive in the TARGET LOCATION or on removable media." The order further permitted multiple entries. It also allowed the FBI "to retrieve such key related information and encrypted file(s) through electronic means."
This is case number Crim. No. 00-404(NHP). Judge Nicholas Politan is presiding. The Assistant U.S. Attorney in charge of this case is Ronald Wigler.
The Electronic Privacy Information Center (EPIC) has collected and published case documents from this proceeding. See, index.
Rep. Hyde Defends Taiwan and Urges Trade, Law and Internet for PRC
8/24. Rep. Henry Hyde (R-IL), Chairman of the House International Relations Committee, gave a speech to the Chinese National Association of Industry and Commerce in Taipei, Taiwan. He stated that "the United States must publicly state that we will never allow Beijing to subvert or destroy the world’s only functioning Chinese democracy and thereby eliminate its subtle, yet powerful influence on the Chinese people ..."
Rep. Hyde also said that "our hope and expectation that the advent of democracy in China will be a peaceful one. We do not seek conflict. China is not now our enemy, nor need she ever be. Only tragedy could come from such a foolish mistake. To avoid that fate, our efforts to encourage democracy must include helping China become fully integrated into the world, from enhanced trade and personal exchanges to the Internet and the rule of law. The closer and more unconstrained the connections between China and the outside world, the more certain the advance of freedom."
New Documents
USAO: motion in USA v. Scarfo re FBI's Key Logger System, 8/23 (PDF, EPIC).
OMB: report re e-government and other issues, 8/25 (PDF, OMB).
Hyde: speech re Taiwan and PRC, 8/24 (HTML, HIRC).
OMB Report Addresses E-Government
8/25. The Office of Management and Budget (OMB) released a report [PDF] titled "The President's Management Agenda". The 64 page document contains 14 proposals for improving the management and performance of the federal government. One of the proposals pertains to electronic government.
The report states that the "Administration will advance E-government strategy by supporting projects that offer performance gains across agency boundaries, such as e-procurement, e-grants, e-regulation, and e-signatures. It will manage E-government projects more effectively by using the budget process to insist on more effective planning of IT investments by government agencies."
Among the proposals contained in the report are: (1) the web site will be expanded; (2) "Agencies will undertake a Federal Public Key Infrastructure (PKI) to promote digital signatures for transactions within the federal government, between government and businesses and between government and citizens"; (3) "By the end of 2002, all agencies will use a single e-procurement portal,, to provide access to notices of solicitations over $25,000"; (4) "Agencies will allow applicants for federal grants to apply for and ultimately manage grant funds online through a common web site"; and (5) "Major regulatory agencies will use the Web to inform citizens of the cases before them, allow access to the development of rules, and make more transparent the decisions they make".
Other proposals contained in the report include competitive sourcing, faith based initiatives, privatization of military housing, and criteria for allocating government spending on research and development projects.
Bush Addresses OMB Report
8/25. President Bush discussed the OMB report in his regular Saturday radio address. He stated that "Today, my Office of Management and Budget is releasing a report identifying 14 long neglected management problems in the federal government, and offering specific solutions to fix them. For example, the United States government is the world's single largest purchaser of computers and other technologies for gathering and using information. In 2002, we will spend $45 billion on information technology. That's more than we've budgeted for highways and roads. Yet so far, and unlike private sector companies, this large investment has not cut the government's cost or improved people's lives in any way we can measure." See, transcript.
The report makes three point on this topic. First, it states that "Agencies typically evaluate their IT systems according to how well they serve the agency's needs -- not the citizens' needs." Second, it states that "Just as private-sector companies in the 1980s tended to use computers merely as souped-up typewriters and calculators, so government agencies in the 1990s have used IT to automate pre-existing processes rather than create new and more efficient solutions." Third, it states that "IT offers opportunities to break down obsolete bureaucratic divisions. Unfortunately, agencies often perceive this opportunity as a threat and instead make wasteful and redundant investments in order to preserve chains of command that lost their purpose years ago. Financial systems are often automated separately from procurement systems, which are in turn carefully segregated from human resources systems, significantly increasing costs and minimizing potential savings."
More News
8/24. The FCC published a notice of its third inquiry into whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion, pursuant to Section 706 of the Telecom Act of 1996. This notice of inquiry was adopted by the FCC at its August 9, 2001, meeting. See, Aug. 9 FCC release. This Federal Register notice contains deadlines for comments. Comments are due September 24, 2001. Reply comments are due October 9, 2001. See, Federal Register, August 24, 2001, Vol. 66, No. 165, at Page 44636. (CC Docket No. 98-146.)
8/24. The USPTO published a notice in the Federal Register regarding the composition and operations of the Committee on Discipline and representation of the Director in disciplinary cases. See, Federal Register, August 24, 2001, Volume 66, Number 165, at Pages 44526 - 44527.
The Tech Law Journal Daily E-Mail Alert will not be published on Thursday, August 30, Friday, August 31, or Monday, September 3.
Monday, August 27
8:00 AM. The USITC will hold begin its evidentiary hearing in its Section 337 investigation of certain Ink Jet Print Cartridges. HP filed a complaint on December 22, 2000, alleging that Microjet Technology (Taipei, Taiwan), Printer (Reno, Nevada), Price-Less Inkjet Cartridge Company (Port Charlotte, Florida), Cartridge Hut and Paperwork Plus (Sun City, California) and (Port Charlotte, Florida) are in violation of Section 337 of the Tariff Act of 1930 by importing into the U.S. certain ink jet print cartridges and components thereof that infringe patents owned by HP. (Inv. No. 337-TA-446). Administrative Law Judge Paul Luckern will preside. Location: Courtroom A, ITC Building, 500 E Street SW, Washington DC. See also, USITC release.
Tuesday, August 28
10:00 AM - 12:00 NOON. The FCC's Advisory Committee for the 2003 World Radiocommunication Conference will hold a meeting. Location: Commission Meeting Room, 445 12th Street, SW, Room TW-C305, Washington DC.
Wednesday, August 29
9:00 AM. There will be a press conference at the National Press Club titled "Online Banking Privacy Report". For more information, contact Dan Lerner of the Center for Democracy and Technology at 637-9800 x315 or Location: Murrow Room, 529 14th St. NW, 13th Floor, Washington DC.
Bush Nominates Former Head of Space Command for Joint Chiefs
8/24. President Bush nominated Air Force General Richard Myers to be the Chairman of the U.S. Joint Chiefs of Staff (JCS). Myers is a former commander of the U.S. Space Command. He is currently Vice Chairman of the JCS. President Bush also announced the nomination of Marine Corps General Pete Pace, current commander of SOUTHCOM, to be Vice Chairman of the Joint Chiefs.
President Bush stated that Myers "is someone who understands that the strengths of America's armed forces are our people and our technological superiority." He added that "times of rapidly changing technology and ever-changing threats, will require tough choices. This team of strong leaders, Don Rumsfeld, General Myers and General Pace, knows that our nation must think differently, and we will think differently to protect and defend America's values and interests in the world." See, transcript of remarks by President Bush and Secretary of Defense Donald Rumsfeld.
A DOD bio of Myers states that "From August 1998 to February 2000, General Myers was the commander in chief, North American Aerospace Defense Command and U.S. Space Command; commander, Air Force Space Command; and Department of Defense manager, space transportation system contingency support at Peterson Air Force Base, Colorado, responsible for defending America through space and intercontinental ballistic missile operations."
 8/27. Arif Hyder Ali joined the Houston office of the law firm of Fulbright & Jaworski as counsel. He previously was senior counsel at the Word Intellectual Property Organization's (WIPO) Arbitration and Mediation Center. He will focus on international commercial arbitration, alternative dispute resolution, representations before inter-governmental tribunals and organizations and dispute resolution involving information and communications technologies and the Digital Economy. See, F&J release.
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