| Federal Government Closes
On Tuesday |
9/11. Government offices, the Congress, and Courts closed
Tuesday morning, September 11. Congressional hearings and
meetings that started early Tuesday morning were cut short,
and buildings were evacuated. President Bush stated in his address
Tuesday night that Federal agencies in Washington will be open
for business on Wednesday. The House and Senate are both
scheduled to meet Wednesday morning.
The status of many previously scheduled hearings and other
events has not been determined. Tech Law Journal's calls to
many offices went unanswered on Tuesday. Some staff and
officials who were reached stated that scheduling decisions
had not yet been made.
Witnesses and other participants are currently unable to fly
into Washington DC. Nevertheless, some events scheduled for
Wednesday will proceed. For example, the Senate Governmental
Affairs Committee hearing on the security of critical
governmental infrastructure will be held a 11:00 AM,
rather than its previously scheduled time of 9:30 AM. Sen. Joe Lieberman
(D-CT) and Sen. Fred
Thompson (R-TN) are the Chairman and ranking Republican on
the Committee.
The Senate
Judiciary Committee's Technology, Terrorism, and
Government Information Subcommittee is scheduled to hold a
hearing on S
1055, a privacy bill sponsored by Subcommittee
Chairman Sen. Dianne
Feinstein (D-CA). Her staff told TLJ late Tuesday that
they did not know if this hearing would proceed on Wednesday.
This bill would require the consent of an individual prior to
the sale and marketing of such individual's personally
identifiable information. |
|
|
| Judicial Conference
Postpones Meeting |
| 9/11. The Judicial Conference of the U.S., which had been
scheduled to meet at the Supreme Court of the United States on
Tuesday afternoon, postponed its meeting. The Conference makes
policy for the federal courts. It had been scheduled 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]. The Supreme Court closed on Tuesday morning. Court
guards bearing shotguns took up positions at its entrances. |
|
|
| Telecommunications Networks |
9/11. Telecommunications carriers issued statements
regarding the status of their landline and cellular phone
networks. See, statements by AT&T,
BellSouth,
Sprint,
and Verizon.
Verizon, which is the incumbent local exchange carrier in both
New York City and Washington DC, stated that its "Two
facilities at the World Trade Center that handled calls to and
from the complex were destroyed in the building collapse. ...
The company has accounted for most of these employees."
Also, "At 140 West Street in Manhattan, the company's
operations center was evacuated before the WTC buildings
collapsed. Normally, 1,737 employees are assigned to that
building."
Verizon also stated that it has "as many as 10 wireless
cell cites in New York City that are not operating. These are
mostly out of service because facilities that connect the
sites to the landline network went through the World Trade
Center." Verizon also detailed its deployment of
temporary cell cites, as well as increasing power at cell
cites in Northern New Jersey adjacent to southern Manahattan.
9/11. Meanwhile, the Senate Commerce
Committee postponed its hearing on E-911 issues,
which had been scheduled for Tuesday afternoon. |
|
|
| California Court Rules on
Duty to Defend 43(a) Claims |
9/10. The California
Court of Appeal (1/5) issued its opinion
[PDF], in part, in El-Com
Hardware v. Fireman's Fund, a case regarding an
insurer's duty to defend and indemnify in Lanham Act Section
43(a) suits. El-Com Hardware and Penn Fabrication make similar
products.
Fireman's Fund issued an insurance policy to El-Com Hardware
that provided coverage for "Advertising Injury
Liability." Penn sued El-Com alleging patent
infringement, unfair competition for copying its product's
design, and false designation of origin under Section 43(a) of
the Lanham Act (15
U.S.C. § 1125) for copying its product. El-Com tendered
the defense of the Penn action to Fireman's Fund. It declined
to defend.
El-Com then filed a complaint in California Superior Court
against Fireman's Fund alleging breach of an insurance
contract and breach of the covenant of good faith and fair
dealing. El-Com argued that a Section 43(a) claim constitutes
an advertising injury covered by the policy. The trial court
granted summary judgment to Fireman's Fund. The Court of
Appeal reversed. |
|
|
|
| Privacy Law |
9/11. The development of laws which implicate individual
privacy -- particularly laws regarding the collection of
information by law enforcement entities -- may be affected by
the events of Tuesday. In past debates over issues such as
electronic surveillance, Carnivore, CALEA, ECHELON, and
encryption restraints, government and law enforcement
officials have usually cited several threats that warrant
expanded law enforcement authority -- drug dealers, money
launderers, child pornographers, and international terrorists.
Historically, privacy advocates have downplayed the
seriousness of these threats. The final argument, regarding
terrorism, may now take on new meaning.
9/11. The Senate
Judiciary Committee postponed its hearing on the
nomination of John Walters to be Director of National
Drug Control Policy, which had been scheduled for the morning
of September 11. Several groups which advocate privacy rights
have urged the Committee to examine the impact of the War on
Drugs on privacy rights. These groups have urged the Committee
to examine the government's use of electronic surveillance,
Carnivore, and ECHELON. |
|
|
| USPTO Clarifies Affect of
Tuesday Closing |
| 9/11. The USPTO closed on
September 11. Acting chief Nicholas Godici issued a statement
regarding the affect of the closing on filing and fee payment
deadlines. He wrote that "Any action or fee due on
September 11, 2001, will be considered as timely for the
purposes of, e.g., 35 U.S.C §§ 119, 120, 133 and 151, if the
action is taken, or the fee paid, on the next succeeding
business day on which the Patent and Trademark Office is
open." |
|
|
| Federal Circuit Decisions
in Patent Cases |
9/7. The U.S.
Court of Appeals (FedCir) issued its opinion in GFI
v. Franklin Corporation, a pair of patent case
appeals involving a number of issues, including unenforceability
for inequitable conduct, the doctrine of equivalents,
obviousness, and waiver of attorney client privilege
for testifying at trial. The patent in suit is U.S.
Patent No. 5,064,244, which discloses a reclining sofa
with push button controls.
9/7. The U.S.
Court of Appeals (FedCir) issued its opinion in Schaefer
Fan v. J&D Manufacturing, a case in which
the Appeals Court upheld a District Court interpretation of a settlement
agreement in a patent infringement case.
9/6. The U.S.
Court of Appeals (FedCir) issued its opinion in Ecolab
v. Envirochem, an appeal from a pair of
opinions in a patent infringement case. The Appeals Court
reversed the opinion finding literal infringement, and
affirmed the opinion finding that neither estoppel nor laches
precluded the plaintiff from obtaining an injunction.
9/6. The U.S.
Court of Appeals (FedCir) issued its opinion in Kustom
Signals v. Applied Concepts, affirming a grant
of summary judgment of non infringement in a suit involving
makers of radar devices for traffic police. The patent in suit
is U.S.
Patent No. 5,528,246, titled "Traffic Radar with
Digital Signal Processing". |
|
|
| Agenda for FCC Meeting,
Thursday, Sept 13 |
A Notice Proposed Rule Making (NPRM) to reexamine the FCC's
rule that establishes safeguards for the provision of
in-region, interexchange services by incumbent independent
local exchange carriers. CC Docket No. 00-175.
A NPRM to modify its rule and/or waiver policies relating to
common ownership of broadcast stations and newspaper in the
same geographic area.
A Further Notice of Proposed Rule Making concerning its cable
horizontal and vertical ownership limits and certain
aspects of its attribution rules as affected by the opinion
of the U.S. Court of Appeals (DCCir) in Time Warner
Entertainment v. FCC, 240 F.3d 1126 (D.C. Cir. 2001, No.
94-1035, March 2, 2001).
A First Report and Order to streamline the equipment
authorization procedures for software defined radios.
ET Docket No. 00-47. |
|
|
| 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. |
|
|
|
| Wednesday, Sept 12 |
9:00 AM - 5:00 PM. The Computer System Security
and Privacy Advisory Board (CSSPAB) is scheduled to hold
the second session of a three day meeting. Calls from TLJ on
Tuesday to confirm the status of this meeting went unanswered.
The CSSPAB advises the Secretary of Commerce and the Director
of NIST on security and privacy issues pertaining to federal
computer systems. 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.
10:00 AM. The House
Commerce Committee's Subcommittee on Telecommunications
and the Internet is scheduled to hold a hearing titled
"Transition to Digital Television: Progress on
Broadcaster Buildout and Proposals to Expedite Return to
Spectrum." Location: Room 2322, Rayburn Building.
11:00 AM. The Senate
Governmental Affairs Committee will hold a hearing to
examine the security of critical governmental
infrastructure. Location: Room 342, Dirksen Building. An
assistant to Committee Chairman, Sen. Fred Thompson
(R-TN), the ranking Republican, told TLJ Tuesday night that
the hearing will proceed, but with a shortened witness list,
due to some witnesses' inability to fly to Washington DC. This
hearing had been scheduled for 9:30 AM.
2:00 PM. The Senate
Judiciary Committee's Technology, Terrorism, and
Government Information Subcommittee is scheduled to hold a
hearing on S
1055, sponsored by Sen.
Dianne Feinstein (D-CA). This bill would require the
consent of an individual prior to the sale and marketing of
such individual's personally identifiable information.
Location: Room 226, Dirksen Building. An assistant to the
Subcommittee Chairman, Sen. Dianne Feinstein (D-CA), told TLJ
late Tuesday that she did not know if this hearing would be
held at its scheduled time.
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, August 13, 2001, Vol. 66, No. 156, at
Page 42499. |
|
|
| 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) is
scheduled to hold the third 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.
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 is scheduled to meet 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 is scheduled to hold an executive
business meeting. The agenda includes Sen. Leahy's drug
competition bill, the Hatch Leahy anti drug package, and
nominations. Room 226, Dirksen Building. An assistant to Sen.
Leahy told TLJ late Tuesday that this meeting is still
scheduled.
12:00 NOON - 2:00 PM. The Information Technology Association
of America's (ITAA) IP Counsels Roundtable is scheduled to
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 is scheduled to hold a hearing on digital
divide issues. Location: Room 253, Russell Building. |
|
|