| War on Drugs, Technology
and Privacy |
9/10. A broad range of groups wrote a letter
to Sen. Patrick Leahy
(D-VT), Chairman of the Senate Judiciary
Committee regarding the use of new technologies in the War
on Drugs that diminish individual privacy. Specifically, they
urged the Committee to examine privacy issues at its hearing
on September 11 on the nomination of John Walters to be
Director of National Drug Control Policy.
They wrote that "Rapid advances in technology have
unfortunately brought with them new opportunities for the
invasion of privacy in the form of programs like Carnivore, a
system designed to allow the FBI to sift through vast
quantities of internet communications, or 'Know Your
Customer,' a proposed regulation requiring banks to collect
personal financial information about their customers,
'profile' them, and report 'suspicious activities' to the
Government. The misguided drug war is often a driving force
behind these initiatives."
Among the 63 signatories of the letter are representatives of
the Free Congress
Foundation (FCF), Center for
Democracy and Technology (CDT), ACLU, Eagle Forum,
American Conservative Union, and Libertarian Party. See also, FCF
release and ACLU
release. |
|
|
| Update on Intel v. Via |
| 9/7. Intel filed a complaint
in U.S.
District Court (DDel) against VIA Technologies
(VIA) and S3 Graphics
alleging patent infringement. Intel alleges that VIA's
P4X266 and P4M266 chipsets infringe the following patents:
U.S. Patent No. 6,145,039 titled "Method and Apparatus
for an Improved Interface Between Computer Components",
U.S. Patent No. 6,009,477 titled "Bus Agent Providing
Dynamic Pipeline Depth Control", U.S. Patent No.
5,761,449 titled "Bus System Providing Dynamic Control of
Pipeline Depth for a Multi-Agent Computer", U.S. Patent
No. 5,615,343 titled "Method and Apparatus for Performing
Deferred Transactions", U.S. Patent No. 5,659,689 titled
"Method and Apparatus for Transmitting Information on a
Wired-Or Bus". |
|
|
| 5th Circuit Rules on FCC
CALLS Order |
9/10. The U.S.
District Court (5thCir) issued its opinion
in Texas Office of Public
Utility Counsel v. FCC, a petition for review
of the FCC's CALLS Order. The Appeals Court affirmed in part,
and reversed in part.
The CALLS (Coalition for Affordable Local and Long Distance
Service) Order, which provides for an irrational interstate
access charge and universal service regime, was adopted by the
FCC on May 31, 2000, following meetings at the FCC which
admitted some, but not all, interested parties. See, text
version (without footnotes) and MS
Word version. (CC Docket No. 94-129).
These petitioners, Texas
Office of Public Utility Counsel (TOPUC), National Association of State
Utility Consumer Advocates (NASUCA), and intervenor Consumer Federation of
America (CFA), filed a petition for review of the FCC's
CALLS Order with the U.S. Court of Appeals. They asserted that
the CALLS Order violates the procedural requirements of the
Administrative Procedure Act and substantive provisions of the
Telecom Act of 1996. More specifically, they asserted that the
Subscriber Line Charge (SLC) price cap increase violates
§ 254(b)(1) and § 254(i)'s purported affordability
mandate, that it contravenes § 254(k)'s prohibition
against unreasonable allocation of joint and common costs, and
that the 1996 Act requires the FCC to conduct a comprehensive,
forward looking study.
The Court of Appeals affirmed the CALLS Order in most
respects, but remanded for further analysis the portions
regarding the $650 million Universal Service Fund and the
X-Factor. |
|
|
| Tauzin Dingell Bill |
| 9/10. The Competitive
Telecommunications Association (CompTel), a group based in
Washington DC that represents competitive local exchange
carriers, issued a release
regarding HR
1542, the Tauzin Dingell bill. It states that the bill
"is likely to come to a floor vote in the next few
weeks". It also states that CompTel is not about "to
cut a deal" with legislators promoting the bill. |
|
|
| FCC Enforcement Bureau News |
9/10. The FCC hired five new lawyers to work in its
Enforcement Bureau on competition enforcement matters. The
five attorneys, and the firms from which they were hired, are
as follows: Rosemary McEnery (Howrey Simon),
Lisa Saks (Howrey Simon), Maureen Del Duca (Jenner & Block), David
Janas (Mintz
Levin), Hillary De Nigro (Milbank Tweed).
See, FCC
release [PDF].
9/10. The FCC's Enforcement
Bureau released an Order
of Forefeiture imposing a $920,000 fine against All
American Telephone, Inc. (AAT) for violations of the
Communications Act of 1934 and the FCC's anti slamming rules.
See also, FCC
release. |
|
|
| GAO Releases Report on SEC
Information Systems |
| 9/10. The GAO
released a report
[PDF] titled "Information Systems: Opportunities Exist to
Strengthen SEC's Oversight of Capacity and Security." The
report assesses "the effectiveness of the Securities and
Exchange Commission's (SEC) oversight of capacity planning and
security procedures for information systems at the securities
and options exchanges and clearing organizations." It
concludes that the various components of the SEC’s
Automation Review Policy (ARP) program "provide it with a
reasonable level of assurance that the SROs
address capacity, security, and other information system
issues. However, SEC's ARP oversight could be improved."
The report was prepared at the request of Rep. John Dingell
(D-MI), the ranking Democrat on the House Commerce Committee. |
|
|
| 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: 2,030.
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. |
|
|
|
| CPNI and Location Privacy |
9/10. The FCC released a document
[32 pages in PDF] titled "Clarification Order and Second
Further Notice of Proposed Rulemaking." It pertains to
maintaining the privacy of personally identifiable information
held by telecommunications carriers.
CPNI. CPNI is customer proprietary network information.
47 U.S.C. § 222 provides, in part: "Except as required
by law or with the approval of the customer, a
telecommunications carrier that receives or obtains customer
proprietary network information by virtue of its provision of
a telecommunications service shall only use, disclose, or
permit access to individually identifiable customer
proprietary network information in its provision of (A) the
telecommunication service from which such information is
derived, or (B) services necessary to, or used in, the
provision of such telecommunications service, including the
publishing of directories."
E-911 Bill and Location Privacy. The 106th Congress
enacted, and President Clinton signed, the Wireless
Communications and Public Safety Act of 1999. This bill was S
800, sponsored by Sen.
Conrad Burns (R-MT), and HR 438, sponsored by Rep. John Shimkus
(R-IL). It designated 911 as the universal emergency service
number, and promoted wireless 911 service. The bill also
amended § 222 to include cell phone call location information
in the definition of CPNI.
New Technologies. § 222 covers only telecommunications
carriers. However, with the development of PDAs,
in car map and traffic services, wireless tollbooth collection
systems, Blackberry
e-mail pagers, Bluetooth
enabled devices, and anything else that can be embedded with a
GPS chip, or other technology, personally identifying data,
including location data, is being collected by entities which
are not telecommunications carriers.
The FCC adopted rules pursuant to § 222 in its CPNI Order on
February 26, 1998. US West and other telecommunications
carriers challenged the constitutionality of the order on
First Amendment free speech grounds. The 10th Circuit agreed,
and vacated that part of the order pertaining to opt in
requirements. See, opinion
of the U.S. Court of Appeals (10thCir) in U S WEST v. FCC, 182
F.3d 1224 (10th Cir. 1999), cert. denied, 120 S. Ct. 2215
(Jun. 5, 2000).
In this latest document, the FCC seeks "to obtain a more
complete record on ways in which customers can consent to a
carrier's use of their CPNI." It further requests
"comment on whether it is possible for the Commission to
implement a flexible opt-in approach that does not run afoul
of the First Amendment, or whether opt-out approval is the
only means of addressing the constitutional concerns expressed
by the 10th Circuit."
The document primarily goes to the 10th Circuit decision.
However, the FCC also requests comment on the implications of
the E-911 Act. (See, paragraph 22 and footnote 55.)
Comments will be due 30 days after publication in the Federal
Register, and reply comments will be due 45 days after
publication. See, Docket Nos. 96-115 and 96-149. |
|
|
| DOT Says GPS Is Vulnerable |
| 9/10. The Department of
Transportation released a report
[113 pages in PDF] titled "Vulnerability Assessment of
the Transportation Infrastructure Relying on the Global
Positioning System." It concludes that the GPS is
susceptible to unintentional disruption from such causes as
atmospheric effects, signal blockage from buildings, and
interference from communications equipment, as well as to
potential deliberate disruption. See, DOT release. |
|
|
| Ferree Addresses Cable and
Broadband Regulation |
9/9. Kenneth Ferree, Chief of the FCC's Cable Services Bureau, gave
a speech at
a meeting of the National Association of Telecommunications
Officers and Advisors in Miami Beach, Florida, on FCC
regulation of cable and broadband services. He argued that
people must "disenthrall ourselves from the regulatory
answers appropriate for a more static past."
Ferree stated that "it has been suggested that the cable
industry missed an entire upgrade cycle in the mid-90s because
of rate regulation. ... We cannot therefore help but recognize
that there is a trade-off between our desire for lower
subscriber rates on one hand and our desire to see broadband
services deployed more widely, particularly in rural areas, on
the other hand."
He concluded that "as the Cable Services Bureau moves
forward into the new broadband world, we will be just as
careful not to reduce consumer surplus through imposition of
anachronistic regulatory requirements, as we will be vigilant
against market failures that may require affirmative
government remedies. ... In both instances, we will work in
partnership with state and local authorities for common and
consistent solutions -- solutions that will be based on the
new facts and circumstances, and not necessarily tied to any
preconceived notions bound to the past.
Much of his address devoted to a comparison of the evolution
of species to technology developments. |
|
|
| Internet Crimes |
9/6. Costa Rican law enforcement authorities arrested Alyn
Waage and James Webb in San Jose, Costa Rica, pursuant to
United States arrest warrants for mail fraud and securities
fraud issued in connection with an Internet based investment
fraud scheme that allegedly netted the defendants more that
$50 Million. Defendants have been charged by criminal
complaint filed in the U.S.
District Court (EDCal). See, CCIPS
release.
9/7. A grand jury of the U.S. District Court (NDTex)
returned a nine count indictment against David Horne for
various crimes related to the distribution of child
pornography via an AOL account. See, USAO
release. |
|
|
|
|
|
|
| Tuesday, Sept 11 |
|
9:00
AM. The House
Judiciary Committee's Subcommittee on Commercial and
Administrative Law will hold a hearing on HR
2526, the "Internet Tax Fairness Act of 2001."
Location: Room 2141, Rayburn Building.
9:00 AM - 12:00 NOON. The USTR's Industry Sector
Advisory Committee on Services for Trade Policy Matters
(ISAC-13) will hold a meeting. It will be open to the public
from 9:00 - 9:45 AM. It will be closed to the public from 9:45
AM to 12:00 NOON. Location: Conference Room 6057, Department
of Commerce, 14th Street between Pennsylvania and Constitution
Avenues, NW, Washington DC. See, notice
in Federal Register, September 7, 2001, Vol. 66, No. 174, at
Page 46861.
9:00 AM - 5:00 PM. The Computer
System Security and Privacy Advisory Board (CSSPAB) will
hold the first session of a three day meeting. The CSSPAB
advises the Secretary of Commerce and the Director of NIST on
security and privacy issues pertaining to federal computer
systems. All sessions will be open to the public. See, notice
in Federal Register, August 27, 2001, Vol. 66, No. 166, at
Pages 45009 - 45010. Location: National Security Agency's
National Cryptologic Museum, Colony 7 Road, Annapolis
Junction, Maryland.
10:30 AM. The Senate
Judiciary Committee will hold a hearing on the nomination
of John Walters to be Director of National Drug Control
Policy. Several groups which advocate privacy rights have
urged the Committee to examine the impact of the War on Drugs
on privacy rights. Sen. Joe
Biden (D-DE) will preside. Location: Room 226, Dirksen
Senate Office Building.
2:00 PM. The Senate
Commerce Committee will hold a hearing on E-911
issues. Location: Room 253, Russell Building.
2:00 PM. The Congressional Internet Caucus Advisory Committee
will host three panel presentations on e-learning, an
e-learning technology fair, and a cocktail reception. RSVP to RSVP@netcaucus.org or
Danielle at 202-637-4370. The schedule is as follows: 2:00 PM.
Grades K-12 Panel; 3:00 PM. Higher Education Panel; 4:00 PM.
Workforce Training Panel; 5:00 PM. Cocktail Reception and
E-Learning Technology Fair. Location: Room 902, Hart Building.
4:00 PM. FCC Chairman Timothy Muris will give a speech
titled "Current Economic Issues in Merger Review" at
the Law and Economic Consulting Groups Economics Finance
Conference. Location: Farragut Conference Center, 1725 Eye
Street NW, Washington DC.
4:30 PM. The Judicial Conference of the U.S., which makes
policy for the federal courts, will meet to consider the
recommendations contained in the report
[PDF] titled "Report on Privacy and Public Access to
Electronic Case Files." This report was prepared by the Administrative Office of U.S.
Courts' Committee on Court Administration and Case
Management. It recommends that most civil and bankruptcy cases
should be made available in electronic format, with redactions
of some personal data identifiers, but that criminal cases
should not be made available. See also, AOUSC release
[PDF]. Location: Room G43, Supreme Court of the U.S.
6:00 - 8:00 PM. The Federal
Communications Bar Association (FCBA) will host a
reception for new NTIA
chief Nancy
Victory. The price to attend is $35 for private sector
people, and $20 for government employees and students. RSVP to
Wendy Parish at fcba@fcba.org
by Friday, September 7, at 10:00 AM. Location: Capital Hilton
Hotel, 16th & K Streets NW, Washington DC.
Second day of a two day conference hosted by the International Trademark
Association (INTA) and the National Bar Association
(NBA) titled "Basics of Trademark Law Forum". See, INTA
brochure [PDF] for regisration information, prices, and
agenda. Location: Grand Hyatt Washington, 1000 H Street NW,
Washington DC. |
|
|
| Wednesday, Sept 12 |
9:00 AM - 5:00 PM. The Computer System Security
and Privacy Advisory Board (CSSPAB) will hold the second
session of a three day meeting. See, notice
in Federal Register. Location: National Security Agency's
National Cryptologic Museum, Colony 7 Road, Annapolis
Junction, Maryland.
9:30 AM. The Senate Governmental Affairs Committee will hold a
hearing to examine the security of critical governmental
infrastructure. Location: Room 342, Dirksen Building.
10:00 AM. The House
Commerce Committee's Subcommittee on Telecommunications
and the Internet will hold a hearing titled "Transition
to Digital Television: Progress on Broadcaster Buildout
and Proposals to Expedite Return to Spectrum." Location:
Room 2322, Rayburn Building.
2:00 PM. The Senate
Judiciary Committee's Technology, Terrorism, and
Government Information Subcommittee will hold a hearing on S
1055, sponsored by Sen.
Dianne Feinstein (D-CA), and requiring the consent of an
individual prior to the sale and marketing of such
individual's personally identifiable information. Sen.
Feinstein will preside. Location: Room 226, Dirksen Building.
Deadline to submit comments to the FCC in response to its
Notice of Proposed Rulemaking (NPRM) regarding implementation
of the local competition provisions of the Telecom Act of
1996. This NPRM invites parties to update and refresh the
record on issues pertaining to the rules the FCC adopted in
the First Report and Order in CC Docket No. 96-98. See, notice
in Federal Register. |
|
|
| Thursday, Sept 13 |
7:30 AM. The Northern
Virginia Technology Council's Finance Committee will hold
an event titled "Meet the Capital Players". The
program will run from 8:00 - 9:30 AM. The event is sponsored
by Ernst & Young and the law firm of Wilmer Cutler & Pickering.
See, brochure.
Location: Ernst & Young Solutions Center, 8381 Old
Courthouse Road, Vienna, Virginia.
9:00 AM - 2:00 PM. The Computer
System Security and Privacy Advisory Board (CSSPAB) will
hold the third session of a three day meeting. See, notice
in Federal Register. Location: National Security Agency's
National Cryptologic Museum, Colony 7 Road, Annapolis
Junction, Maryland.
9:30 AM. The FCC will hold a meeting. Location: FCC,
445 12th Street, SW, Washington DC. See, agenda in box at
right.
9:30 AM. The U.S.
Court of Appeals for the District of Columbia Circuit will
hear oral argument in Grid Radio v. FCC, No. 99-1463.
This is a petition for review of a final order of the FCC
against an unlicensed radio broadcaster. Judges Williams,
Tatel and Garland will preside. Location: 333 Constitution
Ave., NW, Washington DC.
10:00 AM. The House
Judiciary Committee will hold a meeting to mark up several
bills, including HR
1552, the "Internet Tax Nondiscrimination Act."
Location: Room 2141, Rayburn Building.
10:30 AM. The Senate
Judiciary Committee will hold an executive business
meeting. Room 226, Dirksen Building.
12:00 NOON - 2:00 PM. The Information Technology Association
of America's (ITAA) IP Counsels Roundtable will hold its 3rd
Quarter Meeting. For more information, contact Sarah Crumley, scrumley@itaa.org.
2:00 PM. The Senate
Commerce Committee's Science, Technology, and Space
Subcommittee will hold a hearing on digital divide
issues. Location: Room 253, Russell Building. |
|
|